HomeMy WebLinkAbout4.A.1. Request to Terminate the Preliminary and Final Plat of Interstate Addition and CUP for Truck/Trailer Service, Multiple Structures on One Lot and Exterior Storage in the I-1 Zone-Res. No. 7236 and 7237 • • •
CITY OF SHAKOPEE
CO
CASE NO.: NA
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Request to Terminate the Approval of Preliminary and Final Plat of
Interstate Addition, and Conditional Use Permit for Truck/Trailer Service,
Multiple Structures on One Lot, and Exterior Storage in the Light Industry
(I -1) Zone.
MEETING DATE: September 18, 2012
ACTION SOUGHT:
Interstate Companies, Inc. is requesting that the City Council approve their request to withdraw
and terminate the plat and conditional use permit approval for their property located at the
northwest corner of 4 Avenue East and Shenandoah Drive.
INTRODUCTION
Lee Henderson, Hessian & McKasy, legal counsel for Interstate Companies, Inc., submitted a
letter (attached) requesting the termination of Preliminary Plat, Final Plat, and Conditional Use
Permit approval of property located north of 4 Avenue East, west of Shenandoah Drive, and
south of CSAH 101. The applicant had proposed and received approval to preliminary plat five
(5) industrial lots, ranging from 5.47 acres to 17.436 acres in size, with a Final Plat of Lot 1, Block
1, Interstate Addition. The project consisted of a truck/trailer service facility with exterior storage
of trucks and trailers, and multiple structures on one parcel.
DISCUSSION
Mr. Henderson noted that the property owner has decided not to proceed with this development,
and that their intent is that the property revert to undeveloped land as they explore other potential
uses for the property.
For the Council's consideration, staff has prepared resolutions that would rescind the Preliminary
and Final Plat, and Conditional Use Permit.
Staff wanted to share with the Council that there have been several recent inquiries from a
representative of the property owner regarding the ability to farm the site until they have a
permanent use of the site. City staff have discussed this with legal staff, and the determination is
that they presently would not be able to farm the site and the trees could not be removed without a
tree replacement plan (consistent with the City Code Woodland Management regulations) since
they have an active approved Final Plat. Should the site no longer have final plat approval,
agricultural uses limited to the growing of field crops is a permitted use and the removal of trees
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without a required replacement plan would be allowed. However; should a grading permit be
needed for any farming or other site activity, a woodland management plan would be required.
ALTERNATIVES
1. Accept the request for termination and rescind the Preliminary and Final Plat of Interstate
Addition, and Conditional Use Permit for truck and trailer service, exterior storage and
multiple structures on one lot.
2. Do not accept the request for termination of the Preliminary and Final Plat of Interstate
Addition, and Conditional Use Permit for truck and trailer service, exterior storage and
multiple structures on one lot.
BUDGET IMPACT:
There would not be a direct budget impact based on this request.
RECOMMENDATION:
Staff recommends that the Council approve Resolution No. 7236, a resolution rescinding the
Preliminary and Final Plat of Interstate Addition, and approve Resolution No. 7237, a resolution
rescinding the Conditional Use Permit for truck and trailer service, exterior storage and multiple
structures on one lot.
RELATIONSHIP TO VISIONING:
This action supports Goal B: Positively manage the challenges and opportunities present by
growth, development and changes.
ACTION REQUESTED
Accept the request for termination and offer . a motion to approve Resolution No. 7236, a
resolution rescinding the Preliminary and Final Plat of Interstate Addition, and approve Resolution
No. 7237, a resolution rescinding the Conditional Use Permit for truck and trailer service, exterior
storage and multiple structures on one lot, and move their adop11W
Mark Noble, P Per II
g: \CC\2012 \09- 1 8\PP_FP_CUP_I State rescinding.doc
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•
RESOLUTION NO. 7236
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA REVOKING THE
PRELIMINARY AND FINAL PLAT OF INTERSTATE ADDITION
WHEREAS, the City of Shakopee had received an application from Pope Associates, Inc.,
applicant, and Interstate Companies, Inc., property owner, for preliminary and final plat approval of
Interstate Addition; and
WHEREAS, the subject property is legally described as:
All that part of the North One -Half of Section 5, Township 115, Range 22, Scott County, Minnesota, lying
south of the southerly right -of -way line of the Chicago, St. Paul, Minneapolis and Omaha Railway
Company as the same is now located and established over and across said Section 5, and lying west of the
centerline of Shenandoah Drive; Excepting there from the following tract:
The West 1,234.91 feet as measured at right angles to the West line thereof of that part of the Northwest
Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of the southerly right -
of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company as the same is now
located and established over and across said Section 5; Excepting there from the South 639.08 feet, as
measured at right angles to the South line thereof on said Northwest Quarter of Section 5.
WHEREAS, the Planning Commission reviewed the preliminary plat on January 8, 2009,
February 5, 2009, and March 5, 2009, and recommended approval of the proposed preliminary plat
with conditions; and
WHEREAS, on April 7 and April 21, 2009, the City Council reviewed the proposed
preliminary and final plat.
WHEREAS, the City Council had evaluated the request and found the following findings:
Finding #1 The proposed preliminary and final plat, if developed under the conditions
proposed herein, complies with the requirements for approval of a plat under City
Code Chapter 12 generally.
Finding #2 The subject site contains bedrock materials very close to the surface. To the extent
possible while yielding buildable sites, the proposed plat preserves the site's
natural features. To the extent that natural features such as woodland areas on the
site cannot be preserved, the plat will be required to comply with City Woodland
Management and Landscaping requirements.
Finding #3 The proposed plat does not involve the construction of any additional public
roadways, but rather will utilize existing roadways that were developed and
constructed with industrial use in mind.
Finding #4 Installation of sanitary sewer, storm water management, and water facilities as a
part of this plat from existing facilities will facilitate the future development of
adjacent and nearby vacant I -1 zoned land.
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WHEREAS, on April 21, 2009, the City Council adopted Resolution No. 6892 approving
the Preliminary and Final Plat of Interstate Addition, subject to the following conditions:
The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions for
security for public improvements within the Final Plat and the engineering
review fees.
C. Payments of Trunk Sanitary Sewer Charges shall be made, as required by the
most current City of Shakopee Fee Schedule.
D. Payments of Trunk Storm Water Charges and Trunk Storm Water Storage and
Treatment Charges shall be made, as required by the most current City of
Shakopee Fee Schedule.
E. Provide electronic files (AutoCAD and Adobe Acrobat formats) of the Final
Plat to be recorded with datum on the Scott County coordinate system.
F. The applicant shall submit a drawing clearly showing how the entire site, in a
fully developed condition, will be served by private utilities.
G. Street lighting shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
H. Electrical system shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
I. Water system shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
J. The applicant shall obtain an NPDES permit prior to any land disturbing
activity. A copy of this permit shall be forwarded to the City. The applicant
shall adhere to all NPDES Phase II permit requirements for erosion control
before, during, and after earth moving activities.
K. Park dedication fees in the amount required by the City Code and adopted City
fee schedule shall be paid prior to the recording of the final plat of Lot 1, Block
1, Interstate Addition. Park dedication payment for Outlot A, Interstate
Addition (Lots 2, 3, 4 & 5 as identified in the preliminary plat), shall be paid in
an amount consistent with the City of Shakopee adopted fee schedule in place
at the time of final plat recording for those parcels.
L. The applicant has yet to receive final approval of the site's storm water
management plan. Please see the attached memo from Todd Hubmer and Ted
Witkowski of WSB & Associates, Inc. dated December 31, 2008, which
outlines the items that need to be addressed in order to approve the plan.
M. Easements need to be shown on the Preliminary and the Final Plat as approved
by the City Engineer. They shall include, but not be limited to, the following:
• Minimum drainage and utility easements for public sanitary sewer and
public storm sewer need to be dedicated per the City of Shakopee Design
Criteria, Section 10.1 (A -D). The easements need to be centered along the
public utility alignments.
• Provide adequate drainage and utility easements to encompass the approved
high water levels for all storm water basins (temporary and permanent).
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• For the proposed storm sewer from FES #3 to STMH #4 to FES #5, provide a
minimum of twenty (20) feet of drainage and utility easement, centered
along the utility alignment.
• For the proposed storm sewer from FES #6 to STMH #7 to FES #8, provide a
minimum of twenty (20) feet of drainage and utility easement, centered
along the utility alignment.
• For the proposed storm sewer from FES #9 to STMH #10 to FES #11,
provide a minimum of twenty (20) feet of drainage and utility easement,
centered along the utility alignment.
• For the proposed storm sewer from FES #12 to Stand Pipe #13, provide a
minimum of thirty -seven (37) feet of drainage and utility easement,
centered along the utility alignment.
• Provide a minimum of ten (10) feet of drainage and utility easement at the
base /toe of the proposed berms within Outlot A.
• Provide adequate drainage and utility easements to encompass the entire
emergency overflow route from the temporary storm water basin located in
Outlot A to the site's ultimate emergency overflow.
• Provide a minimum of ten (10) feet of drainage and utility easement along
the interior of Outlot A.
• For the proposed sanitary sewer from SSMH #5 to the existing eight (8) inch
stub, provide a minimum of twenty -eight (28) feet of drainage and utility
easement, centered along the utility alignment.
• Drainage and utility easements from SSMH #5 to SSMH #6 to SSMH #7 to
SSMH #8 are not required as this is a private service.
II. Following approval and recording of the final plat, the following conditions shall
apply:
A. The applicant shall provide six (6) inches of topsoil below areas to be sodded.
The soil composition should be similar to the MnDOT topsoil borrow
requirements.
B. The applicant shall provide rain sensors for any irrigation system.
C. The applicant shall provide storm water computations for the proposed site to
insure the downstream system can accommodate the runoff.
D. The applicant shall provide inlet protection to the storm sewer catch basin
consistent with City standards.
E. The applicant shall implement the use of Best Management Practices for
erosion control and stormwater management during construction.
F. The applicant shall utilize the MPCA Protecting Water Quality in Urban Areas
as a technical reference for erosion control.
G. The applicant shall plant replacement trees hardy to Scott County climates.
Recommended tree species to utilize in this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur oak (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (Pinus strobes)
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H. The applicant shall submit a landscaping plan for all areas where clearing and
grubbing are approved, for review and approval by the City of Shakopee.
I. The applicant shall replace all trees that are to be cut down with the appropriate
number and species to be determined by City staff and the Woodland and Tree
Management Ordinance.
J. Silt fence and/or tree protection fence shall be installed prior to any site work
and/or tree removal, consistent with the City Code requirements. This fencing
is to be removed following establishment of vegetation as determined by an
inspection by City staff.
K. The applicant shall comply with the City's Woodland and Tree Management
Ordinance requirements.
L. The applicant shall mix tree species along Shenandoah Drive to prevent the
impacts from disease.
M. The applicant shall not plant trees and/or shrubs within five (5) feet of all
property lines, nor within any drainage and utility easements.
N. The applicant shall receive approval from the City prior to clearing and
grubbing for development of Lot 1, Block 1. Additionally, the applicant is
approved to clear and grub on Outlot A to accommodate utility installation,
consistent with submitted plans.
O. The applicant shall design and development a trail along the east side of
Shenandoah Drive, consistent with City Code requirements.
P. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
Q. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
R. The applicant shall meet the screening and landscaping ordinance requirements
of the City Code.
S. Any impact this development has, as far as adjusting or relocating existing
facilities, is subject to reimbursement to Time Warner Cable applicable costs of
relocation/adjustment and subject to scheduling of work requested.
T. The Planning Commission reviewed and studied the safest and most feasible
location for the construction of a trail along Shenandoah Drive to accommodate
future trail connections, and selected the east side of Shenandoah Drive;
therefore, the developer shall construct the trail consistent with this selection
and consistent with City Code requirements.
III. Following approval and recording of the final plat, the following conditions
need to be addressed /completed prior to approval of a grading permit and /or a
street and utility plan:
A. No public improvements (site grading and street and utility) will be constructed
until the City Engineer and the Shakopee Public Utilities Commission (SPUC)
approves the required Final Construction Plans and Specifications.
B. The applicant will grade the entire site, as proposed on the submitted plans, in
one phase within one year from the date of approval of the grading permit
application. Grading will be defined as bringing the site up to the proposed
finished grade with materials deemed acceptable by the City of Shakopee
Engineering Department, providing topsoil per City requirements and applying
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seed, mulch and/or sod per City requirements and providing an as -built grading
plan per Section 2.5 of the City of Shakopee Design Criteria.
C. The applicant needs to denote the installation of two (2) feet of an impermeable
clay liner below the approved normal water level to the bottom of all storm
water basins.
D. The applicant needs to denote a top of berm width of a minimum of eight (8)
feet over the public sanitary sewer within Outlot A.
E. The applicant needs to remove all proposed landscaping from within drainage
and utility easements per the most recent version of the City of Shakopee
Easement Fencing and Landscaping Policy. Areas that are not in compliance
include, but are not limited to, the following:
a. Drainage and utility easements encompassing the approved high water
levels of all storm water basins.
b. Drainage and utility easements encompassing the emergency overflow
route from the temporary storm water basin in located Outlot A.
c. The drainage and utility easement centered on the storm sewer alignment
from FES #2 to STMH #1 to the existing eighteen (18) inch corrugated
metal pipe.
d. The drainage and utility easement centered on the storm sewer alignment
from FES #3 to STMH #4 to FES #5.
e. The drainage and utility easement centered on the storm sewer alignment
from FES #6 to STMH #7 to FES #8.
f. The drainage and utility easement centered on the storm sewer alignment
from FES #9 to STMH #10 to FES #11.
g. The drainage and utility easement centered on the storm sewer alignment
from FES #12 to Stand Pipe #13.
F. The applicant shall work with the City of Shakopee to raise all portions of the
proposed retaining walls above the approved normal water levels in all storm
water basins.
G. The applicant shall work with the City of Shakopee to remove all proposed
retaining walls from within drainage and utility easements containing public
storm sewer pipe.
H. At all proposed parking lot curb cuts draining to storm water basins, the
applicant shall provide a catch basin in the parking lot leading to a flared end
section at the approved normal water level. The storm sewer pipe needs to be
reinforced concrete.
The applicant shall provide a defined outlet (piped or overland) from the
temporary storm water basin along 4th Avenue to Stand Pipe #13.
J. STMH #1, STMH #4, STMH #7 and STMH #10 need to be replaced with pond
skimmer structures per the City of Shakopee General Specifications and
Standard Detail Plates for Street and Utility Construction (Detail Number
4012).
K. The applicant shall work with the City of Shakopee to provide adequate cover
over the top of the proposed public sanitary sewer within Outlot A.
L. The applicant has yet to receive approval of the site's storm water management
plan. Please see the attached memo from Todd Hubmer and Ted Witkowski of
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WSB & Associates, Inc. dated December 31, 2008, which outlines the items
that need to be addressed in order to approve the plan.
IV. Following approval and recording of the final plat, the following conditions
need to be addressed /completed prior to issuance of a building permit:
A. Recorded plans need to be provided per the City of Shakopee Design Criteria,
Section 2.5 and Section 11.2 (A -L). The recorded plans need to be submitted to
the City of Shakopee Engineering Department.
B. The applicant shall provide staff information pertaining to any proposed
blasting activities. This information shall include:
1. Proof of insurance coverage for damage to neighboring properties.
2. How they intend to monitor vibrations caused by blasting activity in the
vicinity of the residences.
3. Video tapes of the exterior and interior of residences prior to commencing
with blasting activities in order to confirm existing conditions.
WHEREAS, the City Council granted an extension to April 23, 2013 to complete the platting
process, enter into a developer's agreement for the site's development, and implement the
Conditional Use Permit.
WHEREAS, the property owner's legal counsel has submitted a letter dated August 30,
2012, stating that the property owner has decided not to proceed with this development, and that their
intent is that the property revert to undeveloped land as they explore other potential uses for the
property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Preliminary and Final Plat for Interstate Addition, pursuant to City of Shakopee, Minnesota
Resolution No. 6892, is hereby REVOKED.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the day of , 2012.
Mayor of the City of Shakopee
Attest:
Julie Linnihan, City Clerk
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RESOLUTION NO. 7237
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RESCINDING A
CONDITIONAL USE PERMIT TO ALLOW TRUCK/TRAILER SERVICE, EXTERIOR
STORAGE, AND MULTIPLE STRUCTURES ON ONE LOT AT PROPERTY LOCATED NORTH
OF 4 AVENUE, EAST OF SARAZIN STREET AND WEST OF SHENANDOAH DRIVE
WHEREAS, the City of Shakopee received an application from Pope Associates, Inc., applicant,
and Interstate Companies, Inc., property owner, for a Conditional Use Permit to allow truck/trailer service,
exterior storage and multiple structures on one lot in the Light Industry (I -1) Zone.
WHEREAS, the property for which the application was made is legally described as follows:
All that part of the North One -Half of Section 5, Township 115, Range 22, Scott County, Minnesota, lying
south of the southerly right -of -way line of the Chicago, St. Paul, Minneapolis and Omaha Railway
Company as the same is now located and established over and across said Section 5, and lying west of the
centerline of Shenandoah Drive; Excepting there from the following tract:
The West 1,234.91 feet as measured at right angles to the West line thereof of that part of the Northwest
Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of the southerly
right -of -way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company as the same is now
located and established over and across said Section 5; Excepting there from the South 639.08 feet, as
measured at right angles to the South line thereof on said Northwest Quarter of Section 5.
WHEREAS, notice was provided and on January 8, 2009, February 5, 2009, and March 5, 2009,
the Planning Commission conducted a public hearing regarding this application, at which it heard from the
Community Development Director and invited members of the public to comment.
WHEREAS, on April 7 and April 21, 2009, the CUP request was reviewed by the Shakopee City
Council.
WHEREAS, the City Council had evaluated the request and found the following findings relative
to the request for Conditional Use Permit:
Finding #1: The proposed use of Lot 1 for truck repair is permitted as a conditional use under City Code
Sec. 11.44. LIGHT INDUSTRY ZONE (1-1) Subd. 3. Conditional Uses, specifically under the
following:
A. vehicle repair;
Finding #2: Even if the proposed use for truck repair was not permitted under the provisions identified in
Finding # 1, the Council determines under City Code Sec. 11.44, Sub. 3. P., that the proposed
truck repair and generator sales facility is similar to other uses permitted under said
subdivision (most notably Rem F. commercial vehicle rental facilities), and may be allowed
with a conditional use permit.
Finding #3: The proposed truck repair and generator sales facility, developed and operated under the
proposed conditions, will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the immediate vicinity, provided the conditions noted in the resolution
are met.
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Finding #4: The establishment of the truck repair and generator sales conditional use will not impede the
normal and orderly development and improvement of surrounding property for uses allowed
in the area, provided the conditions noted in the resolution are met.
Finding #5: Adequate utilities, access roads, drainage, and other necessary facilities exist to serve the
proposed use, provided the conditions noted in the resolution are met.
Finding #6: The use is consistent with the purposes of the Light Industry Zone, provided the conditions
noted in the resolution are met.
Finding #7: The proposed use is consistent with the purposes of the Comprehensive Plan, which guides the
subject property for industrial use.
Additional Findings Related to the Conditional Use Permit:
Criteria #1: The use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the immediate vicinity;
a. The proposed site of the truck repair and generator sales facility is located on the
northern portion of the overall site, furthest from and not adjacent to the nearby
residential areas.
b. The applicant's proposal will provide substantial screening, in that as a part of the plat,
the applicant will provide berming that is ten (10) feet in height as measured on the south
side of the berm, and fencing and/or 6-8 foot tall conifers for screening purposes along
the southerly property line of Lot 1.
c. The applicant has submitted information that verifies that the majority of the trucks that
the proposed facility would service are likely to be 2005 models or newer, and thus, a
significant number of them subject to new, even more stringent pollution control
regulations. The information submitted by the applicant further indicates that almost all
trucks that would be serviced would be newer than 1998 models.
d. The applicant has submitted testimony that hours of operation would generally be limited
to the hours of 7:00 a.m. to 12:00 a.m., Monday through Friday. Test drives would be
limited in number, take place during normal hours of operation, and would generally take
place on CR 101 rather than Fourth Avenue. After 12:00 a.m., no more than ten (10)
persons would provide after hours emergency service, and this staff shall not be construed
to be a permanent third shift.
e. While concerns have been raised by a number of residents about possible diminution of
property value, no empirical data has been submitted that would support that
conclusion. Data regarding current values in the area varying based on proximity to the
site is likely the result of normal market forces taking account of different locational
factors in the area, as well as the current economical situation.
Criteria #2 The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding vacant property for uses allowed in the
area;
a. The proposed truck repair and generator sales facility will not impede the development of
nearby residential areas, as those have already been developed and constructed on.
b. Future use of the lots adjacent to Fourth Avenue will be subject to City review to insure
that they are compatible with adjacent uses.
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Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have been or will
be provided;
a. The recent design and reconstruction of Fourth Avenue was undertaken with the specific
intent to provide a roadway that would meet the needs of already existing industrial uses
along Fourth Avenue and vacant industrially -zoned sites, as well as the residential areas
to the south, both in terms of total traffic volumes and carrying capacity of the street itself
b. The storm drainage system incorporated into the reconstruction of Fourth Avenue was
specifically sized for the eventual development of the industrially -zoned sites on either
side of Shenandoah Drive.
c. Because the proposed truck repair and generator sales facility would have vehicle access
from Shenandoah Drive, it should have little impact on traffic volumes on Fourth Avenue.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate
the proposed use;
a. Because the proposed truck repair and generator sales facility is located a substantial
distance from the residential areas to the south; because it's access would be primarily
from CR 101 and Shenandoah Drive; and because its general hours of operation would
be between 7:00 a.m. and 12:00 a.m., the use is consistent with the purposes of the 1 -1
Zone.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
a. The use proposed for the site is consistent with the guided land use.
WHEREAS, on April 21, 2009, the City Council adopted Resolution No. 6893 approving the
Conditional Use Permit to allow truck/trailer service, exterior storage, and multiple structures on one lot,
subject to the following conditions:
1. The site shall be developed consistent with the submitted site plan for the truck service and exterior
storage facility, unless otherwise noted in the following conditions.
2. The site shall be developed consistent with the conditions noted in the approved Preliminary Plat
resolution.
3. Construction of the office building shall not occur until such time that: 1) a Text Amendment that
allows office buildings as a permitted use of the I -1 Zone is approved; 2) the use of the building is
consistent with the I -1 permitted uses; or 3) the proposed building is redesigned and incorporated
into the repair facility building.
4. All applicable design and performance standards of the City Code shall be complied with,
especially those identified in Section 11.60 (Performance Standards) and Section 11.44 (Light
Industry Zone).
5. The development shall comply with City Code Section 10.53 Public Nuisance and Section 10.60,
Noise Elimination and Noise Prevention.
6. Shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the
development as a whole and for the individual buildings and structures within the development.
7. Shall consist of structures that are owned, maintained, and operated under unified control in
accordance with a plan which contains provisions providing for the enforcement thereof.
8. The vehicle service facility shall be screened along or adjacent to the southern property line with a
berm that is at least eight (8) feet in height when measured from the north/parking lot side of the
site. Along the top of this southern berm the applicant will provide a fence six (6) to eight (8) feet
in height and/or conifers for additional screening. All other screening on the site shall generally be
consistent with the site and landscape plan dated March 23, 2009. Approval of specific details of
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all berming shall take place as part of the building permit process, and will also be consistent with
the March 23, 2009 site and landscape plan.
9. Shall have a maximum area of exterior storage equal to the combined footprint of the principal and
accessory buildings.
10. Shall be surfaced entirely with asphalt or concrete.
11. Shall screen all storage areas associated with the vehicle repair operation.
12. Shall not be located on a lot or parcel of land within 200 feet of any residential zone.
13. The applicant shall comply with the screening and landscaping requirements as identified in
Section 11.60 of the City Code.
14. Building construction, sewer, water service, fire protection and access will be reviewed for code
compliance at the time of building permit application(s).
15. Approval of this conditional use permit does not constitute approval of any signs. Sign permits
shall be required for all signs, and sign permit applications will be reviewed for compliance with
City Code requirements at the time of application.
16. Sales of commercial trucks, trailers and buses are not permitted. Any other products sold in
conjunction with commercial trucks must be contained within the principal structure.
17. Outside storage will be limited to semi - tractors and trailers, consistent with the submitted
parking /storage plan.
18. Shall not store any vehicles which are unlicensed for more than seven (7) days and/or vehicles that
are inoperative for more than seven (7) days.
19. Concrete perimeter curb and gutter shall be installed, with the design and materials consistent with
City's Design Criteria for concrete curb and gutter.
20. Water run -off from serviced and/or washed vehicles shall be treated and disposed in accordance
with local, state and/or federal requirements.
21. The applicant shall obtain a hazardous waste license from Scott County Environmental Health
Department.
22. Any development of the site shall comply with the regulations of the Migratory Bird Treaty Act.
23. Hours of operation shall be limited to 7:00 a.m. to 12:00 a.m., Monday through Friday. After 12:00
a.m., no more than 10 persons would provide after hours emergency service, and this staff shall not be
construed to be a permanent third shift. The overhead service doors shall remain closed from 10:00
p.m. to 7:00 a.m., except to allow vehicles to enter and exit the service area.
24. No idling of trucks in excess of 30 minutes shall be allowed outside the building(s), and at all times
shall be attended.
25. Blasting shall be conducted consistent with the State and City Code requirements or as specified by
the City Engineer (hours, charge size, etc.). The project developer shall provide the city with
contact information regarding any proposed blasting activities prior to any blasting.
26. There shall not be any painting and/or body work conducted on any vehicles on site.
27. There shall be allowed a 50 foot by 50 foot outside temporary storage on the west side of the
property for storage of generators and refrigeration units.
28. All repair work shall occur within the repair facility structure.
29. Any MNDOT required vehicle testing (including a horn check) shall occur on the north side of the
repair facility structure.
WHEREAS, the City Council granted an extension to April 23, 2013 to complete the platting process,
enter into a developer's agreement for the site's development, and implement the Conditional Use Permit.
WHEREAS, the property owner's legal counsel has submitted a letter dated August 30, 2012, stating
that the property owner has decided not to proceed with this development, and that their intent is that the
property revert to undeveloped land as they explore other potential uses for the property.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Conditional Use Permit to allow truck/trailer service, exterior storage and multiple structures on
one lot in the Light Industry (I -1) Zone, pursuant to City of Shakopee, Minnesota Resolution No. 6893, is
hereby REVOKED.
Adopted by the City Council on the day of , 2012.
Mayor
Attest:
Julie Linnihan, City Clerk
13
H essian Attorneys at Law
& McKasy .A.
Lee A. Henderson
(612) 746 -5750
Ihenderson@hessianmckasy.com
August 30, 2012
Via E -Mail and Overnight Mail
Mr. Mark Noble, Planner II
City of Shakopee
129 Holmes Street South
Shakopee MN 55379
Re: Interstate Companies, Inc.
Dear Mr. Noble:
As you know, this office represents Interstate Companies, Inc. and Gordon D. Galameau, Jr., the
owner of property located along 4 Avenue in the City of Shakopee.
On April 21, 2009 the City Council approved a request for a preliminary plat and conditional use
permit subject to various conditions. See Resolution Nos. 6892 and 6893. Interstate was given a
period of time, subsequently extended to April 23, 2013 to complete the platting process and
enter into a development agreement with the City for the site's development, before the
conditional use permit would become effective.
Please be advised that the property owners have decided not to proceed with this development
and therefore the request for plat approval and the conditional use permit is hereby withdrawn
and terminated.
It is the property owner's intention that the property revert to undeveloped land as they explore
other potential uses for the property.
Thank you for the assistance you and the City staff have provided over the past several years
while this project was under consideration. Unfortunately, changes in the economy and the
business plans of Interstate necessitate a change in plans for the Shakopee property.
Very truly yours,
Lee A. Henderson
4000 Campbell Mithun Center 222 South Ninth Street Minneapolis, MN 55402 T: (612) 746 -5750 F: (612) 746 -5755