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HomeMy WebLinkAbout10.E.1. Rezone Property from Major Recreation Zone to Light Industry Zone and Comprehensive Plan Amendment to Guide the Property for Industrial Use-Res. No. 7186-Ord. No. 854 ID.�'. i. CITY OF SHAKOPEE Memorandum CASE NO.: 12-009 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II SUBJECT: Rezone property from Major Recreation (MR) Zone to Light Industry (I-1) Zone, and Comprehensive Plan Amendment to Guide the Property for Industrial Use MEETING DATE: April 17, 2012 REVIEW PERIOD: January 27, 2012 — May 25, 2012 INTRODUCTION Scannell Development Company has made application for a Comprehensive Plan Amendment to guide the property for industrial use, and to rezone the property from Major Recreation (MR) Zone to Light Industry (I-1) Zone. The subject property is located at the southeast Corner of 4th Avenue East and Shenandoah Drive. Attached are the applicant's narrative and concept plan for this development (Exhibits B and C), which is approximately 36 acres in size, and predominately wooded. This request was reviewed by the Planning Commission at their March 8 and April S meetings, having requested that staff research the available developable land that is zoned Major Recreation and Light Industry Zones, and to provide that information at their April S meeting. Staff's research found that there is approx. 179 acres of developable Major Recreation zoned land and 157 acres of developable Light Industry zoned land (including 45.5 acres that is guided commercial — see attached map) presently available in Shakopee. Note that the majority of the Major Recreation land termed vacant is under the ownership of Canterbury Park, and significant acreage of the Light Industry land is located within two recently platted properties in the vicinity of 4 Avenue and Shenandoah Drive. The purpose of the Light Industry Zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses. 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 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. 1 FINDINGS The criteria r for the granting of a Zoning Ordinance Amendment are listed below with proposed findings for the Commission 's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is not in error. However, the original zoning ordinance established a zoning boundary that is compatible with several existing zones in this area and provides,for an opportunity to utilize the site for industrial activities, which is consistent with the proposed industrial guiding of the property. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in communiry goals and policies that conceYn this property have taken place, as there is a perception that this property would be better suited for industrial use than entertainment, a the demand is greater for indust�iaZ use and with the current city code guidelines that shape development and design pefformance standards, an industrial development could occur that could genev�ally fit in with the adjacent properties. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Si� ificant changes in development patterns have occurred for the subject property. Adjacent uses include two proposed industrial developments, and the Major Recreation uses have not developed as originally anticipated; therefore, this property is viewed as more viable for industrial development than majoi° recreation development. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan, as adopted by the Shakopee City Council, guides this property for entertainment use. The applicant is requesting an amenc�inent of the Comprehensive Plan for industrial use of this site. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this request at its March 8 and April S meetings. At the April S meeting, the Planning Commission recommended approval of the rezoning and Comprehensive Plan Amendment to the City Council by a 4-3 vote. A copy of the staff reports to the Planning Commission are attached for the Council's information. VISIONING RELATIONSHIP This action supports Goal B"Positively manage the challenges and opportunities presented by growth, development and change". ALTERNATIVES 1. Approve Resolution No. 7186, approval of a request to amend the Comprehensive Plan to guide the subject property for Industrial use, and Ordinance No. 854, approval of a request to rezone the subject property to Light Industry Zone. 2. Do not approve Resolution No. 7186, a request to amend the Comprehensive Plan to guide the subject property for Industrial use, and do not rezone the subject property to Light Industry Zone, and direct staff to prepare the appropriate Resolution of denial. 3. Offer a motion to table and request additional information from the applicant and/ar staff. 2 ACTION REQUESTED Offer a motion to Approve Resolution No. 7186, approval of a request to amend the Comprehensive Plan to guide this property for Industrial use, and Ordinance No. 854, approval of a request to rezone the subject property to Light Industry Zone, and move their adoption. i Mar Noble ` Planner II H:ACC�2012\04-17U2-009 rez Scannell.doc 3 ORDINANCE NO. 854 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO REZONE PROPERTY FROM MAJOR RECREATION (MR) ZONE TO LIGHT INDUSTRY (I-1) ZONE WHEREAS, Scannell Development Company, applicant, and Mary Ann Gross, property owner, have requested the zoning of property from Major Recreation (MR) Zone to Light Industry (I-1) Zone; and WHEREAS, the subject property is legally described as follows: See attached legal description (Exhibit #1); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on March 8 and April 5`�', 2012, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission recommended that the property be rezoned from Major Recreation (MR) Zone to Light Industry (I-1) Zone; and WHEREAS, the City Council heard the matter at its meeting on April 17, 2012; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above-named request: Finding #1 The original zoning ordinance is not in erro�•. However, the original zoning ordinance established a zoning boundary that is compatible with several existing zones in this area and pYOVides for an opportunity to utilize the site for indust�ial activities, which is consistent with the proposed industrial guiding of the propeYty. Finding #2 Significant changes in communiry goals and policies that concern this property have taken place, as there is a perception that this property would be better suited_for industrial use than entertainment, a the demand is greater foi� industrial use and with the cu�rent cit�� code guidelines that shape development and design pe�formance standaYds, an industrial development could occuY that could generallv,fzt in with the adjacent properties. Finding #3 Significant chanaes in development patterns have occurred foi� the subject properry. Adjacent uses include two proposed industs�ial developments, and the Major Recreation uses have not developed as originally anticipated; therefore, this propei�ty is viewed as more viable for industrial developnzent than majoj- recYeation development. 4 Finding #4 The Comprehensive Plan, as adopted bv the Sliakopee City Council, guides this property,foN ente�°tainment use. The applicant is requesting an amendment of the Comprehensive Plan for industrial use of this site. BE IT FURTHER RESOLVED, that the request to rezone the property from Major Recreation (MR) Zone to Light Industry (I-1) Zone is hereby approved. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this day of , 2012. Mayor of the City of Shakopee Attest: , Julie Linnihan, City Clerk 5 RESOLUTION NO. 7186 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO AMEND THE COMPREHENSIVE PLAN TO GUIDE PROPERTY FOR INDUSTRIAL USE WHEREAS, Scannell Development Company, applicant, and Mary Ann Gross, property owner, have requested the reguiding to allow industrial use of the property; and WHEREAS, the subject property is legally described as: See attached legal description (Exhibit #1); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on March 8 and April S 2012, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meeting on April 17, 2012; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above-named request: GOAL #1 Growth and expansion of that portion of Shakopee served by public services shall be controlled and focused to maintain the City's fiscal soundness consistent with other community-wide goals. This area is presently served by public services and extension of services to this pa��ticular parcel shall be controlled consistent with City policies. GOAL #2 Any future annexation shall be undertaken in an orderly, fiscally sound manner. Property in annexed areas shall be treated fairly relative to taxes and the provision of service. The property is already within the ciry limits, and development of this land shall be treated fairlv relative to taxes and the provision ofservices. BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan by reguiding to allow industrial use of the property is hereby approved. 6 Passed in i�egulai- session of the City Council of the City of Shakopee, Minnesota held this day of , 2012. Mayor of the City of Shakopee Attest: , Julie Linnihan, City Clerk 7 �t�1 ��T' � �. LEGAL DESCRIPTION The Northwest Quarter of the Southeast Quarter in Section 5, Township 115, Range 22, Scott County, Minnesota, Except three parcels of land previousiy conveyed as follows: EXCEPTION 1: That part of the Northwest Quarter of the Southeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter of the Southeast Quarter; thence West along the North line of said Northwest Quarter of the Southeast Quarter a distance of 33.0 feet to the actual point of beginning; thence continuing West along said North line a distance of 200.0 feet; thence South parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 250.0 feet; thence East parallel with said North line a distance of 200.0 feet; thence North parallel with said East line 250.0 feet to the point of beginning. EXCEPTION 2: That part of the Northwest Quarter of the Southeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter of the Southeast Quarter; thence West along the North line of said Northwest Quarter of the Southeast Quarter a distance of 33.0 feet; thence South parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 250 feet to the actuai point of beginning; thence continuing South parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 217.0 feet; thence West parallel with the North line with the North line of said Northwest Quarter of the Southeast Quarter a distance of 200.0 feet; thence North parallel with said East line 217.0 feet; thence East parallel with said North line a distance of 200.0 feet to the point of beginning, together with a non- exclusive easement appurtenant for ingress and egress over the North 467.0 feet of the East 33.0 feet of the Northwest Quarter of the Southeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota. EXCEPTION 3: That part of the Northwest Quarter of the Southeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter of the Southeast Quarter, thence westerly along the North line of said Northwest Quarter of the Southeast Quarter a distance of 233.00 feet to the actual point of beginning; thence southerly parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 467.00 feet; thence westerly parallel wit the North line of said Northwest Quarter of the Southeast Quarter a distance of 200.00 feet; thence northerly parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 467.00 feet to the North line of said Northwest Quarter of the Southeast Quarter; thence easterly along said North line Z00.00 feet to the point of beginning. _,_:.-�-. ,! / ( �y CITY OF SHAKOPEE Memorandum CASE NO.: 12-009 TO: Shakopee Planning Commission FROM: Mark Noble, Planner II SUBJECT: Rezone property from Major Recreation (MR) Zone to Light Industry (I-1) Zone, and Comprehensive Plan Amendment to Guide the Property for Industrial Use MEETING DATE: March 8, 2012 REVIEW PERIOD: January 27, 2012 — May 2�, 2012 SITE INFORMATION Applicant: Scannell Development Company Property Owner: Mary Ann Gross Location: Southeast Corner of 4�' Avenue East and Shenandoah Drive Current Zoning: Major Recreation (MR) Zone Adjacent Zoning: North: Light Industry (I-1) Zone South: Major Recreation (MR) Zone East: Major Recreation (MR) Zone West: Highway Business (B-1) Zone/LTrban Residential (R-1B) Zone Comp. Plan: Entertainment Lot Size: 35.66 Acres Attachments: E�ibit A: Site Location/Zoning E�ibit B: Applicant Narrative Exhibit C: Concept Plan INTRODUCTION Scannell Development Company has made application for Comprehensive Plan Amendment to guide the property for industrial use, and to rezone the property from Major Recreation (MR) Zone to Light Industry (I-1) Zone. The subject property is located at the southeast Corner of 4th Avenue East and Shenandoah Drive (see Exhibit A), is approximately 36 acres in size, and is vacant (note that it is entirely wooded). The applicant intends to construct several light manufacturing, warehousing and distribution buildings should this request be approved (see Exhibits B& C). The narrative and concept plan reference pre-cast concrete and split face masonry block buildings, totalinb approx. 575,000 square feet of building area. Prior to any construction, a plat application, building permits and/or Conditional Use Permit(s) will need to be submitted and approved. 1 Planning staff did receive several meinorandums from reviewin� agencies. Several cominenters referenced that Major Recreation property is somewhat limited in Shakopee and that what we do have should be reserved for future MR related uses. City Engineering commented that should this application be approved, the following iteins should be addressed as part of a plat, CUP or building permit application: 1. A more detailed analysis of the proposed storm water basin location will need to be performed. The result of this analysis may be the pond will need to be located in the northwest corner of the property. This area is closest to existing stoim sewer meant to serve the property. 2. Accesses to the property will need to be alib ed as best possible with existing accesses along Shenandoah Drive and 4th Avenue East. Access spacing will need to comply with the City's Transportation Plan. 3. A more detailed analysis of the proposed internal street design will need to be performed. The result of this analysis may be the streets will need to be constructed to City standards and specifications. 4. Acknowledge that approval of the rezoning request does not constitute approval of the submitted drawings. Shakopee Public Utilities commented that not enough information is provided concerning water and electric service proposed for this property; should this request be approved, the applicant shall contact their Planning and Engineering Dept. for review and conditions. The City Fire MarshaUInspector commented that the concept plan raised a number of issues related to building layouts, parking and drive aisle configurations, hydrant locations and fire department access needs, noting that the applicant shall provide adequate circulation for emergency vehicles on the site and that multiple access points shall be provided to each parcel, should this application be approved and the applicant moves forward with a plat or building permit application. The Director of Parks, Recreation and Natural Resources noted that should this application be approved and moves forward thru the platting and/ar building permit process, that a detailed tree inventory and replacement plan will be required to be submitted and reviewed prior to any tree removal occurring on site. Scott County Engineering commented that the applicant will need to provide more details regarding access and traffic management, should this application be approved. The application pertains only to this singular property, which presents what some commenters perceive as a spot zoning if approved. Additionally, the City recently adopted the 2030 Comprehensive Plan which identifies this area for entertainment use. The purpose of the Light Industry Zone is to provide an area for industrial, li�ht manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses. 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 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. 2 By definition, based on the existing dense landscape features, the Major Recreation Zone appears to be more appropriate. The Planning Dept. recommends that the Commission discuss whether this property should be considered for a rezoning and Comprehensive Plan Amendment, or whether they believe the current (and recently approved) Comprehensive Plan guiding and existing zoning are appropriate. If they believe that the e�isting guidelines are appropriate or the application request is appropriate, they should forward an appropriate recommendation to the City Council for their action on this item. FINDINGS The criteria Yequit�ed fof� the granting of a Zoning Ordinance Amendment nf^e listed below with proposed fzndings for the Commission 's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The orib nal zoning ordinance is not in error. The o�^igi�ial zoni�zg ordinance established a zoning boundaiy that is conzpatible with seveYal existing uses in this aYea and p�rovides for an opportu�zity to utilize the site fof� �^ecreational activities, wlzich is consistent with the ente��tainment b iding of the propet•ty. Criteria #2 That significant changes in community goals and policies have taken place; Finding �r2 Sio Zificant changes in comnazcnity boals and policies tltat concern this property have not taken place. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occur� or Finding #3 Sib ificant changes in development patte��ns have not occuf�r fo�� the subject pYOperty, although there a�e existi�zg and potential uses in this area which aYe industrial in nature. Criteria #4 That the comprehensive pian requires a different provision. Finding #4 The Comprehensive Plan, as adopted by the Shakopee City Council, guides this property for efzteYtainment use. The applicant is Yequesting an ame�2dment of the Comp�^ehensive Plan for industrial use of this site. STAFF RECOIVIMENDATION After evaluating the request against the stated criteria for rezoning, staff recommends that the Commission deny this request as the criteria for granting a change have not been adequately met. ALTERNATIVES 1. Offer a motion to recommend to the City Council the approval of the request to rezone the subject site to Light Industry Zone, and to amend the Comprehensive Plan to guide this property for Industrial use. 2. Offer a motion to recommend to the City Council the denial of the request to rezone the subject site to Light Industry Zone, and that the Comprehensive Plan not be amended to guide this property for Industrial use. 3. Offer a motion to continue the public hearin� and request additional information from the applicant. 4. Close the public hearinb, and offer a motion to table and request additional information from the applicant and/or staff. 3 ACTION I�EQUESTED Offer a motion to recommend to the City Council the denial of the request to rezone the subject site to Light Industry Zone, and to amend the Comprehensive Plan to guide this property for Industrial use, and move its approval. ` r Mark Noble � Planner II 4 Sco�� �o�anf�, iVI1V ���tt�►�.�� � o ' {_ r l ;32]3 ?- �'i � A ft�J E � �� � .37 � � �• � 5.1� Y, 9]7 � M i -�r . n•• a 5'd; :;L3 � � � � � � � � , l �� � � 5�3 533 �. � �i�� Pi �'t�+�OD R 7�J � 7L:;: '-�' 233! :: a5:: 233:: ��.r� -� � � � �Ie � 231<� �233+�� •' ' • � �i: � ZZ3:1 12337J L�'^ 110] ► � � `� 7223 7.,�3 .°.3i''s 5�'T3 �ut3 �:..ti3��3 2 53 I w''''tt;t 12?33 "-�-'G3 2 2333 � EAS ' Y $A33ENSCHcER BL'JD 7n.i `�:�' 23.,�i 277� 1�-� � 1°' .. . p.3c3{ 7:G 55 Z 2331Lti 1 2�t7�.� ,� 2375�2333�. Property Iniormation Parcel ID: 279050130 Bathrooms: Taxpayer Name: GROSS MARY ANN Year Built: Taxpayer Addressl: 8609 LYNDALE AVE S# Deeded Acreage: 35.66 Taxpayer Address2: BLOOMINGTON, MN GIS Acreage: 34.41017 Property Address1: Zoning Classification: Property Address2: Legal Description: Section 05 Township 115 Range 022 NW1/4 SE1/4 EX 1.15A EX .99A Schooi District: 720 Plat Name: Estimated Land Value: $1,500,000 Block: Estimated Buildings Value: $0 Lot: Totai Estimated Market Value: $1,500,000 Unique Well & Boring No.: Home Style: Well Depth Drilled: Prime Square Footage: Well Date Drilled: Bedrooms: This drawing is neither a legally recorded map nor a survey and is not Map Scafe N intended to be used as one. This drawino is a compilation of records, information, and data located in various city, county, and state offces, and 1 inch = 402 feet other sources affecting [he area shown, and is to 6e used for reference W � ._ �g purposes only. Scott Counry is not responsible for any inaccurecies herein �- .._ - �_' .: contained. If discrepancies are found, please contact the Scott County Ma p Date �.� ��� - Surveyors oftice. 2I� I2O � Z .S � �1��t��t�r � Narrative — Proposed Valley View Business Park The subject property is a 35.66 acre site currently zoned "Major Recreation" (MR). Our proposed land use action would be to rezone the land from MR to "Light Industrial" (LI). The land abuts Canterbury Downs to the south and east. Over the course of time, 4.28 acres of the larger 40 acre section were purchased by third parties and rezoned to Light Industriai. fn addition, the property north and east of the site along 4` Avenue East is zoned Light Industrial. Rezoning the subject property to LI would provide a natural fit into the City's Land Use Plan. Also, with the addition of proper buffers along the west property line, the property would serve as a good transition to nearby residential areas. The current zoning of Major Recreation allows for recreation and restaurant retail type uses; however, there is no market demand for this type of use and there are currently no future expansion plans of Canterbury Downs. Due to these market factors, the best use of the property is a complementary use of the surrounding light industrial product. The proposed development entitied "Valiey View Business Fark" would be a mixture of first class, light manufacturing, warehousing and distribution buildings. These buildings wouid be constructed of mainly pre-cast concrete, split face bloci< and glazing. The proposed business park would contain +/- 575,000 square feet of buildings which would yieid a significant increase to the tax base and provide expanded employment opportunities within the City. The proposed developer of this park is Scannell Development Company, doing business as Scannell Properties ("Scannell"). Scannell has a twenty year track record of developing first class buildings of varied product types. Further, Scannell Properties is experienced in working with municipalities and their constituents alike to create successful development projects that serve the community in which they are located. §11.42 � SEC.11.42. MAJOR RcCREATfON 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 -�-----�- d�gree of 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 smali developments. Subd. 2. Permitted Uses. Witf�in the major recreation zone, no structure or land shall be used except for one (1) or more of the foliowing uses: A. pubfic recreation; B. restaurants, class I; C. restaurants, class II, subject to the fo[fowing requirements: (Added, Ord. 741, � Qecember 1, 2005) 1. shalf comply with all applicab(e provisions in the City Code, including, but not limited to Section 11.60, Performance 5tandards; 2. trash receptacies, including but not iimited to dumpsters, shafl be stored in fully enclosed areas, including the �top. The enclosed areas shall be constructed of simifar and/or complementary materiais to the principal structure and meet the standards of the City Code; 3. shall comply with ali conditions imposed as part of the liquor license for the SIfB; 4. if serving (iquor, shall not be located on a lot or parcel of land adjacent to any low densiiy residential (R-1A), urban residential (R-1B), or Old Shakopee residential (R-1 C) zone; 5. if located within 100 feet of a residential use, sha(I limit its hours of ope�ation to between 5:00 A.M. and 11:00 P.M. D, pubiic buildings; E. utility services; F. utility service structures, subject to the following requirements: (Added, Ord. 741, December 1, 2005) 1. shall not be a water tower or electrical substafion or a building constructed to house sanitary lift station controls; 2. shall be twenty (20) feet or less in height; 3. may be used on(y to provide weather protection for utifity equipment; 4. shalf be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and page revised in 2005 1197 §11.42 5. shall comply wi�h ali appiicabfe design standards. G. singfe and mixed use developments which comply with Secfion 11.50, and have received approval from the City Council; (Ord. 563, November 25, 1999) H. uses having a drive up or drive through window, subject to fhe following requirements: (Added, Ord. 741, December 1, 2005) 'i. shall be screened to a heighf of six (6) feet from any adjacent residential zone; 2. shalf not have a pubfic address system which is audible from any residential properEy; 3. shaf! provide stacking for at least six (6) vehicfes per aisle. The required stacking shali not intertere with internal circulatio� paftems or with. designated parking facifities, and shalf not be located in any public right-of- way, private access easement, or within the required parking setback; 4. trash receptacles, including but not limited to dumpsters, shafl be stored in fully enclosed areas, inciuding the top. The enciosed areas shaf( be constructed of simifar and/or compismentary materials to the principaf structure and meei the standar�s of t�e City Cod�. 1. relocated structures, subjecf to fhe following requirements: (Added, Ord. 741, December 1, 2005) 1. shall obtain a moving permit from the City under City Code Section 4.08; 2. prior to moving, the appficant shali have given cash, cashier's check, or letter of credit as a financial guarantee to the City to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building OfficiaPs estimate of the cost to bring fhe structure into compfiance with the Building Code; 3. the structure shalf ineet all requirements of the Building Cade within six (6) months after moving; 4. if the structure is not in full compliance with the Building Code after six (6) montns of moving, the City, in its so(e discretion, may draw on the financia! guarantee and take whatever steps it deems necessary to bring the relocated structure into complience with the Building Code. .fn the event the City draws on the financial guarantee, 10% of the total guarantee shall be paid to the City as its administrative fee; 5. the appficant shall provide the Building Department w�th all plan review comments and inspection records from Bui(ding Codes and STDS division and from the city of origin where constructed; oage revised in 2�05 1198 � §11.42 6. an approved County highway moving permit will be required for the moving of the strucfure; 7. the structure shaf( bs required to meet a1f setbacks, design and performance standards spec�ed in the City Code, un(ess otherwise approved; 8, repair of any damage to City streets as a resulf of relocafing the sfructure shall he paid for by the appiicant. � Subd. 3. Condifional or E'(anned Unif Devefonment Uses. Within the major recreation zone, no structure or (and shall be used for the fol[owing uses except by conditionai use permit or planned unit deve{opment: . ii. �Oiilii'IEfCiai fcC:icaiiuii, ii�ajui .'ui �i�i��ui: �. (Deleted, Ord..741, December 1, 2005); . C. hotels, mote(s and conference centers; D. horse care uses including�boarding, train'ing, showing, grooming and.veterinary clinic facilities; � E. retail uses and entertainment facilities; F. administrative, executive, and professiona! offices; G. health and athietic facilities; H. private lodges and ciubs; L (Delefied, Ord. 741, December 1, 20a5); J. (Deleted, Ord. 741, December 1; 2Q05); K. day care facilities; L. adult day care centers as condifionaf use, subject to the following conditions: The adult day care centers shall: 1: serve thirteen (13) or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; page revised in 2005 � 1199 §11.42 4, the totaf indoor space available for use by participants must equal at Ieast forty (40) square feet for each day care par�icipant and each day care staff member present at the center. When a center is focated in a multifunctional organization, _the center_ may share a common space wi�h _ _.. _ .._.. _ ...._.. ._ . - --- ----_ --- the multifunctional organiza6on if the required space availabie for use by parficipants is maintained while the center is operating. In determining fhe square footage of usabEe indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms and ufifity and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants orstaff; or c. in a mulfifunctional organization, any space occupied by persons associaied with the mu(fifunctionai organizafion.whife parEicipants are using common space. � 5. provide proof of state, federaf and other govemmental ficensing agency approvai; and 6. comply with all other state licensing requirements. (Ord. 482, May 15, 1997) M. (Deleted, Ord. 741, December 1, 2005); N. structures over the height allowed based on their setback; O.� deveiopments containing mo�e than one (1) principal strucfure perlot; or P. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord. 528, October 29, 1998) Subd. 4. Permitted Accessory Uses. Within the major recreation zone, the fo(fowing uses shai( be permitted accessory uses A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; D. communication service apparatus/device(s) as permitEed accessory uses, subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in tota( height (including the exiension of any communication service device(s) apparaius); 3. lights and/or flashing equipmenf shali not be permitted uniess required by state or federal agencies; page revised in 2005 1200 §11.42 � 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or waming fype signs; 5. must provide proof from a professional sngineer that the-equipment will not interfere with existing communications for public safety purposes; 6. shafi be located and have an exterior finish that minimizes visibility ofF-site to the maximum extent possible; 7. app(icable provisions of fhe City Code, including the provisions of the State Building Code therein adopted, shali be complied wifh; 8. afI obsofete or unused fowers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the siie uniess a iime exiension is approved by �ne Ci'ry. After tne faciiiiies are removed, the site shall be restored to its original or an approved state. � The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the appficant shall submit a plan illustrating all anficipated fufure (ocation sites for communication towers and/or communicafion devices(s)/apparatus; 10. wireless tefecommunication towers and antennas will only be considered for City parks when the folfowing conditions exist and if those areas are recommended by the Parks and Recreafion Advisory Board and approved by the City Council: a. City parks of suf�icient size and character that are adjacent to an existing commercia! or industrial use; b. commercial recreation areas and major p(a�elds used primarily by adul:s. 11. alf revenue generated through the iease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. (Ord. 479, March 13, 1997) E, other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Stanc{ards. 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 (10) acres. B. f�iaximum impervious surface percentage: 80%. page revised in 20�5 1201 �11.42 C, Lot specifications: minimum (ot width: 300 feet minimum front yard setback: one-haif (1/2) of that structure's height or fifty (50) feet, whichever is greater minimum side yarcf setback: one-half (1/2) of that structure's height or twenty-five (25) feet, whichever is greater minimum rear yard setback: one-haff (1/2) of that structure's height or thirty (30) feet, whichever is greater minimum rear yard setback from residential zones: one-half (1/2) of that structure's height or fifty (50) feet, whichever is greater �. 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 continuafion fhereof fo anci including Secretariat Drive; and Fourth Avenue: Streef and driveway access points must be separaied by a minimum of 300 feet. (Ord. 204, Ju(y 31, 1986; Ord. 264, May 26, 1989; Ord. 328, . January 30, 1992; Ord. 342, October 29, 1992; Ord. 377, July 7, 1994) SEC.1'{.43. Reserved. (The next page is 1235.) page revised iri 2�05 1202 §11.44 ScC.11.44. LIGHTINDUSTRYZONE�(!-1). Subd. 1. Purpose. The purpose of the light industry zone is to provide an area for industrial, fight manuracturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industriai sites and residentiai and business fand uses. Subd. 2. Permitted Uses. Within the light industry zone, no structure or land shali be used except for one (1) or more of the rollowing uses: A. warehousing and whofesaling conducted entirely within an enclosed building, except those involving a project that fits within one (1) of the Mandatory EIS Categories under Minnesota Rules 4410.440�; B. research faboratories conducted entirely within an enclosed building; C. establishments supplying goods or services primarily to industrial uses; D. agricultural uses, but limited to the growing of field crops; E. utility services; F. utility service structures; G. offices within the principal structure and directly associated with another permitted use; H. public buildings; I. single and mixed use developments which comply with Section 11.50, and have received approval from the City Councii; or (Ord. 503, November 25, 1999; Amended, Ord. 816, April 30, 20Q9) J. O�ce buildings. (Added, Ord, Ord. 816, April 30, 2009) Subd. 3. Conditionai Uses. Within the light industry zone, no structure or land shali be used for fhe foifowing uses except by conditional use permii: A. manur'acturing, fabrication, processing, and assembiy operatiors conducted entirely within an encfosed buiiding, except those involving a project that fits witnin one (1) of the Mandatory EIS Categories under Minnesota Rules 4410.4400; B. airports and heliports; C. vehicle repair, Q. landscaping services and contractors; E, reiail sales of products manufactured, fabricated, assembied, or stored on site; F. commercial vehicle rental facilities; G. self-storage facilities; page revised in 2009 . 1235 §11.44 H. industrial or technical training schools; 1. restaurants, class I or class il, contained within a principal structure and oriented toward serving employees or those working in the immediate area; J. residences for security personnel; K. exterior storage; L. day care facilities; M. adult day care center as conditional use subject to the following conditions: The adult day care centers shall: 1. serve thirteen (13) or more persons; 1. provide proof of an adequa'te water and sewer system if not served by - municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4, the total indoor space available for use by par�icipants must equal at least forty (40) square feet r'or each day care par'ticipant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunciional organizafion if the required space available ror use by participants is maintained while the center is operating. In determining the square foo'tage of usable indoor space available, a center must not count: a, hallways, stairways, closets, offices, restrooms and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff; or c. in a multifunctional organization, any space occupied by persons associated with the multiTUnctional organization while participants are using common space; 5. provide proof of state, federal ard other governmental licensing agency approval; and ' 6. comply with ali other state (icensing requirements. (Ord. 482, May 15, 1997) N. structures over forty-rive (45) feet in height; O. developments containing more than one (1) principal structure per lot; page revised in 2D09 1236 §11.44 P. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit; (Ord. 528, October 29, 1998) Q. communication service towers as conditional uses, subject to the foliowing conditions: 1. shall be a monopole structure; 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the heignt of the tower shall be designed and engineered to collapse wiihin the distance between the tower and the property line and supporting documentation shall be provided fo prove this by a professional engineer; 3. shall not exceed 175 feet in total height (inciuding the extension of any anienna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; o. signage shall not be aliowed on the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be co-located on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; S. must be built to accommodate antennas being placed at varying heights on the tower; 9. existing vegetation on the site shall be preserved to the maximum extent possible; 10. shall be surrounded by a security fence six (6) feet in height with a lockable gate; 11. shall be located and have an exterior finish that minimizes visibility off-site to ths greatest extent possible; 12. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 13. equipment and buildings shafi be screened from view by suitabie landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; page revised in 2001 �237 §11.44 14. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half (1/2) mile search radius of the proposed tower for any of the following reasons: a. the necessary equipment would exceed the structurat capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer; b. the necessary equipment woufd cause interference as to signiTicantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer; c. existing or approved towers and buildings within the one-half (1/2) mile search radius cannot or wiil not accommodate the pfanned equipment at a height necessary to function reasonably, as certified by a qualified licensed professional engineer; d. the applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building; 15. ail obsolete or unused towers and accompanying accessory facilifies shall be removed within tweive (12) months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an improved siate. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal or facilities and the restoration of the site. 10. the appiicant shail submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)iapparatus; 17. when towers are to be located in City parks, no towers should be located in designated conservation areas such as forest areas, marsh lands, wiidlife preserves, nature center parks, picnic areas, near historical structures, scenic open space areas, and areas of intense recreational play r'or children (pla�elds, swimming poofs, playground equipment); 1�. wireless telecommunication towers and antennas will only be considered for City parks when the foliowing condifions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: a. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; b. commercial recreation areas and major playfields used primarily by adults; page revised in 200� 1238 § 11.44 19. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. (Ord. 479, March 13, 1997) R. retail auto sales, subject to the following cond�tions: 1. limit the percentage of retail sales to no more than 20% of the business; 2. must serve as an accessory use of the principle use; 3. vehicle retail sales fimited to used automobiles only; 4. no person shall operate a retail auto sales business on property, any part of which is within 200 feet from any property developed or zoned for residential uses; 5. snaii not siore any venicies whicn are uniicenseci and inoperative for more than seven (7) days, except in appropriately designed and screened storage areas; 6. shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building, except for minor maintenance such as tire inflation, adding oi! and wiper replacement; 7. shall not have any outside storage or display except of vehicles for sale; 8. shall not have a pub(ic address system which is audible from any residential property; 9. shall screen all storage areas; 10. shall screen all disnlay areas adjacent to a residential zone; 11. shall apply the parking setback to all areas where vehicles are located; 12. shall maintain a landscaped buffer 100 feet wide from any residential zone; 13. all motor vehicle dsalers shall be ficensed by the State; 14. vehicle sales area is to be paved. (Added, Ord. 601, June 28, 2001) Subd. 4. Permitted Accessorv Uses. Within the light industry zone the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buiidings; C. decorative landscape features; and D. communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions: paae revised in 2001 1239 §11.44 1. shail be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus); 3. lights andlor flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not inteRere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. afl obsolete or unused towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsibie for the removal of facilities and restoration of the site; 9. the applicant shall submit a pian illustrating all anticipated future location sites for communication towers and/or communication devices(s)lapparatus; 10. wireless telecommunication towers and antennas wil� only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: a. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; b. comrnercial recreation areas and major pia�elds used primarily by adults; 11. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund; (Ord. 479, March 13, 1997) and E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Desiqn Standards. Within the light industry zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the folfowing minimum requirements: paoe rewsed in 2001 1240 §11.45 A. �ensity: minimum lot area: (with Ciry-services): 1 acre (witho_ut City services): 20 acres B. Maximum impervious surFace p�resr.tage: 75°io C. Lot specincations: minimum lot width: (with City servic�s): 100 feet (without City services): 600 feet minimum fronf yard setback: 30 feet minimum side yard setbacl<: 15 feet minimum rear yard setback: 30 feet minimum side or rear yard setback fram residential zon�s: 100 feet D. Maximum height: Forty-ftve (45) feet without a conditionaf use permif. (Ord. 31, October 25, 1979; �rd. 96, November 11, 1982; Ord. 138, tVovember 24, 1983; Ord. 186, January 30, 1986; Ord. 203, Jufy 10, 1986; Ord. 264, nliay 26, '! 989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994; Ord. 429, November 2, 1995) SEC.1'f.45. Reserved. page revised in 2003 1241 � � r CITY OF SHAKOPEE Memorandum CASE NO.: 12-009 TO: Shakopee Planning Commission FROM: Mark Noble, Planner II SUBJECT: Rezone property from Major Recreation (MR) Zone to LiQht Industry (I-1) Zone, and Comprehensive Plan Amendment to Guide the Property for Industrial Use MEETING DATE: April 5, 2012 REVIEW PERIOD: January 27, 2012 — May 25, 2012 INTRODUCTION Scannell Development Company made application for Comprehensive Plan Amendment to guide the property for industrial use, and to rezone the property from Major Recreation (MR) Zone to Light Industry (I-1) Zone. The subject property is located at the southeast Corner of 4th Avenue East and Shenandoah Drive. Attached are the applicant's narrative and concept plan for this development (Exhibits B and C), which is approximately 36 acres in size, and predominately wooded. This request was tabled by the Commission at their March 8 meeting, with a request that staff research the a��ailable developable land that is zoned Major Recreation and Li�ht Industry Zones, and to provide that information at the April S�' meeting. Staff's research found that there is approx. 179 acres of developable Major Recreation zoned land and 157 acres of developable Light Industry zoned land (including 45.� acres that is guided commercial — see attached map) presently available in Shakopee. Note that the majority of the Major Recreation land termed vacant is under the � ownership of Canterbury Park, and significant acreage of the Light Industry land is located within two recently platted properties in the vicinity of 4 Avenue and Shenandoah Drive. The purpose of the Light Industry Zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses. The purpose of the Major Recreation Zone is to create a high quality environment for large amusement and recreation attractions with a regional drav��, with a degree of land use compatibility and street efficiencS�. 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 1and ownerships as a unit rather than permit piecemeal or scattered small developments. As previously noted by staff, by definition, based on the existina dense landscape features, the Major Recreation Zone appears to be more appropriate. The Plannin� Dept. recommends that the Commission discuss whether this property should be considered for a rezoning and Comprehensive Plan Amendment, or whether they believe the current (and recently approved) Comprehensive Plan guiding and existing zoning are appropriate. If they believe that the existin� guidelines are 1 appropriate or the application request is appropriate, they should for��ard the appropriate recommendation to the City Council for their action. FINDINGS The c�^ite�ia Yequired for the granting of a Zoning Ordinance Ame�zdment are listed belon� with. proposed findings for the Commission's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The orio�inal zoning ordinance is not in error. The oYiginal zoning ordi�zance established a zoning bounda�y that is compatible with several existind uses in this area and provi�les,for an oppof•tunitt% to utilize the site recreational activities, which is consistent with the entes^tainment guiding of the propert��. Criteria #2 That significant changes in community goals and poiicies have taken place; Finding #2 Si�zificant chanoes in community goals and policies that concer�z this propertv have not taken place. Criteria #3 That si�nificant changes in City-wic�e or neighborhood cieveiopment patterns have occurred;or Finding #3 Sib cificant changes in developmenz patteJ�ns have not occurYed for the subject p��opeYty, atthough there are existing and potential uses in this area which are indust��ial ir� nature. Criteria #4 That the comprehensive plan requires a different provision. Finding #�4 The Comprehensive Plaiz, as adopted by the Shakopee Cit�� Council, o ides this property fot° e�ztertainment use. The applzcant is requesting an amendment of the Comp�ehensive Plan for indust��ial use of this site. STAFF RECOMMENDATION After evaluatinb the request a�ainst the stated criteria for rezoning, staff recommends that the Commission deny this request as the criteria for grantin� a change have not been adequately met. ALTERNATIVES 1. Offer a motion to recommend to the City Council the approval of the request to rezone the subject site to Light Industry Zone, and to amend the Comprehensive Plan to guide this property for Industrial use, and provide staff findings consistent with the Commission's wishes. 2. Offer a motion to recommend to the City Council the denial of the request to rezone the subject site to Light Industry Zone, and that the Comprehensive Plan not be amended to guide this property for Industrial use, with findings as presented by staff. 3. Offer a motion to table and request additional information from the applicant andior staff. ACTION REQUESTED Offer a motion to recommend to the City Council the denial of the request to rezone the subject site to Light Indusiry Zone, and to amend the Comprehensive Plan to guide this property for Industrial use, with findin�s as presented by staff, and move its approval. � C� / Mark Noble Planner II � �� 04/03!2012 11:32 9528819150 LAW OFFICE PAGE al/02 ■ C � ' � �- � , , �����U� �. � � LOREN GAO S S --- - ATTORNfY AT LAW H609 L7NDALE AVENUE 30„ SUITE 214 BLOOMINGTON, MINNESOTA 55420 7ELEpNONE 19�58) 96i-B636 FAX (952) 881.91g0 BY F.�CIMILE ONLY 952-233-3801 APril. 3, 2012 Menabezs of the Planning Coznmisaion. Shakopee City Hall. 129 �Iol�aes Street South Shakopee, MN 55379 In Re: 35.66 a.cres at Fourth Avenue ar�d Sk�enandoah Dear Meinbers of the Commissi.on: As you will reca.11, I appeared before the Planning Comnr�ission on March 8, 2012, in support of the requested rezoning of property �wned Uy my wi�fe, MazyAnn Cnross, at Fourtk� Avenue an.d Shenandoah. At that ti�xte, the Pianning Commission expressed tk�e )�ope that the property could be developcd with its current zonin.g—Major Recre�lion. The obvious usez for the property if zoned Maj�r Recreation is Cantcrbury Park. �3ecause T have a continuing relationship with the managcmcnt th. er.e, i again approached them to see if they ha.ve a cutrent interest in the property. They brou,ght the qu.estion befoz'e th,eir Board of Directors on March 27, 2012, and, havin� no current interest, they caused Mr. Erickson io issue thc attachcd letter. l do not have any indication of interest by others who might usc the property as currcntly zoncd. Consequently, if wc are to fznd. a use for this property in the very near future, ii seems we wil] have to g� witl.l the proposed buyers who would like to develop tbe pr.operty as Ii�bt industr.ia.l_ ror thosc rcasons, I arn asking th,at you setiousJy con.sider the pr.oposal for ligl�t industrial zoning orthis �ropert� and allow it to be rczoned so tllc property can be put to a present cconomic ttse. Yot�rs.very truly, � - ��'t�� -U r -��---. �� Lo`ren Gross T G/Iem. T ;ncl.osure 04/03/2012 11:32 9528819150 LAW OFFICE PAGE 02/02 rt' � e � — . - . — Loren Gross 8609 Lyndale Ave. So Bloomington, MN. 55420 March 27, 2012 Dear Loren, Canterbury Park has no objections to your rezoning request for property ID # 2790507.30 from Major Entertainmen�to Light Industrial. Additionally, your property is not part of any future development p(ans we currently have, Sincerely � Ma k Erickson Canterbury Park CANTERBURY PARK HOLDIN6 CORPORATION 1 100 C�NTERBURt' ROAD SNAKOPEE� MINN630TA S5�7J TELEPHON6 gs�'4a' FNC 952-496-6400 WWW.CANTeRBURYPARK.COM � Fwrc�: Scann�ll t�roperEiesi co� copy Ann Mulcrone <aimulc@aol.com> Thu, Apr 5, 2012 at 1:12 PM To: mnoble@ci.shakopee.mn.us Sent from my iPad Re the P{anning Commission meeting tonight and the 2nd hearing from Scannel! Properties: I am unable to attend the meeting no matter how hard I tried to work it out. It, being Holy Thursday, prevents others that I talked to from attending aiso. I have talked informally with some of the neighbors in Pinewccd Estates �nd we agree that the Commission should carefully consider changing the zoning from "Entertainment" to "Light fndustriai" IF the light industrial is the way it was defined at last month's meeting, and NOT how it was defined for I-State Trucking. I have not been designated to speak for the Homeowner's Ass'n but to change the zoning and then have something like I-State Trucking come is our worst nightmare. If " Light Industrial" in Scannel!'s reference means warehousing or quiet and benign businesses it couid be far more desirable than some "Entertainment" facilities which could be very undesirable to this very {arge residential neighborhood of condos, town homes and singfe family dwellings. Also Scannell Properties described feaving the trees and natural berm in place along Shenandoah. We hope that the planning commission and the neighborhood and Scannell can work together for such a development. Thank you, Ann Mulcrone ai€�ufc��,a��.cc�m 612-306-1164 952-496-3593 Sent from my iPad