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HomeMy WebLinkAboutMarch 05, 2026 - Planning PacketPliall SHAKOPE E Shakopee Planning Commission Regular Meeting Thursday, March 5, 2026 7:00 PM City Hall, 485 Gorman Street Vision: Shakopee is a distinctive river town with a variety of business, cultural, and recreational opportunities in a safe, welcoming, and attractive environment. Our vision is for Shakopee to continue being the place people want to live, work, and play! Mission: Our mission is to deliver high quality services essential to maintaining a safe and sustainable community. We commit to doing this cost-effectively, with integrity and transparency. 1. Roll Call 2. Approval of Agenda 3. Recognition by Planning Commission of interested Citizens 4. General Business 4.a Election of Commission Officers 4.b PUBLIC HEARING - Interim Use Permit for placement of a temporary construction trailer at 1099 Adams St S. 4.c PUBLIC HEARING - Ordinance O2026-005 amending City Code Section 151.002 and 151.007 K. related to wireless communication towers in the Light Industry (I-1) and Heavy Industry (1-2) zoning districts 5. Other Business 6. Adjournment If a commissioner has any comments, concerns or questions, he or she should contact the project manager prior to the scheduled meeting date. Also, if a commissioner is unable to attend the meeting for any reason, Please call the Department of Planning and Development at (952)233-9300 as soon as possible. Thank you! 1 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Planning Commission March 5, 2026 Election of Commission Officers Rick Parsons 4.a Action to be considered: I move to appoint the following individuals as officers of the Planning Commission: • (name) as Chair • (name) as Vice Chair • (name) as Second Vice Chair Motion Type: Simple Majority Background: The City of Shakopee's Elected and Appointed Officials Guide requires boards and commissions to conduct an organizational meeting following the appointment of new members by the City Council. During this meeting, the body elects members to officer positions. The Planning Commission officer positions are Chair, Vice Chair, and 2nd Vice Chair. The Planning Commission is required to elect a Chair, and it should also elect a Vice Chair and a 2nd Vice Chair to ensure the commission continues smooth operations in case of absences. Officer positions are not required to change every year; nothing prevents previous officers from being reelected. However, no member may serve as Chair until he or she has served for one full year on the commission. Recommendation: Appoint a Chair, Vice Chair, and 2nd Vice Chair for the Planning Commission. Budget Impact: N/A Attachments: 2 WILLA! SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Planning Commission March 5, 2026 4.b PUBLIC HEARING - Interim Use Permit for placement of a temporary construction trailer at 1099 Adams St S. Amanda Schwabe, Planner Michael Kerski Action to be considered: Recommend approval to the City Council of Resolution R2026-037. Motion Type: Simple Majority Background: The City of Shakopee Fire Department is requesting an Interim Use Permit (IUP) to allow the temporary placement of a 14' x 70' construction trailer at 1099 Adams Street S adjacent to Fire Station 2 (1001 Vierling Drive W). The proposed construction trailer will be used to provide support facilities for fire staff to maintain 24 -hour response capability during renovations at Fire Station 2. The temporary trailer would be removed on or before November 30, 2026. The Fire Station property is not large enough to locate the trailer on that site while still allowing fire truck circulation; hence the request for placement on the Lions Park property. The trailer is proposed to be placed in an east -west orientation in the southeast corner of the park parallel to the parking lot located northeast of the fire station. This location was selected as there is electric service nearby, the existing building and trees provide reasonable screening, and the location should not negatively impact the use of the existing disc golf tee. The trailer will be served by temporary electric and water services. No portable generators will be used. A neighborhood meeting was held on February 23, 2026 at which no one attended. City Code Section 151.011 N. allows IUP's to be considered for the temporary establishment of uses that comply with city code requirements provided findings have been determined to meet the required criteria: Criteria #1 and The proposed use will not delay permanent development of the site; 3 Finding #1 The proposed trailer location is already developed with multiple park amenities including, but not limited to, SandVenture Aquatic Park, disc golf course, playground, and shelters. Criteria #2 The proposed use will not adversely impact implementation of the Comprehensive Plan or adopted plan for the area; and Finding #2 The temporary placement of a construction trailer to provide 24 -hour support facilities for Fire Station 2 during renovations will not impact implementation of the Comprehensive Plan or any adopted plans for the area. Criteria #3 The proposed use will not be in conflict with any provisions of the city code on an ongoing basis; and Finding #3 The temporary placement of a construction trailer to provide 24 -hour support facilities for Fire Station 2 will not be in conflict with the city code on an ongoing basis. Criteria #4 The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare; and Finding #4 The proposed use will not harm the public health, safety and welfare of the surrounding neighborhood, rather it will allow for 24 -hour response capability. Criteria #5 The date or event that will terminate the use has been identified with certainty; and Finding #5 The temporary construction trailer will be removed on or before November 30, 2026. Criteria #6 The property on which the use is situated has no open enforcement orders and there are no nuisance characteristics associated with the property or its current use; and Finding #6 There are no open enforcement order or nuisance characteristics associated with the property or its current use. Criteria #7 Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and Finding #7 Permission to place a temporary construction trailer will not impose additional costs on the public. Criteria #8 The user agrees to any conditions that the governing body deems appropriate for permission of the use. 4 Finding #8 The applicant agrees to any conditions the governing body deems appropriate. This item is scheduled for the March 17, 2026 City Council meeting. Recommendation: Recommend approval to the City Council of Resolution R2026-037. Budget Impact: None Attachments: DRAFT Resolution R2026-037 Site Plan Narrative Construction Trailer Elevation Construction Trailer Floor Plan 5 RESOLUTION PC2026-037 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN INTERIM USE PERMIT TO ALLOW A TEMPORARY CONSTRUUCTION TRAILER TO PROVIDE 24 HOUR SUPPORT FACILITIES FOR FIRE STAFF AT 1099 ADAMS ST. S WHEREAS, City of Shakopee, applicant and property owner, has made an application for an Interim Use Permit (IUP) to allow the temporary placement of a 14' x 70' construction trailer at 1099 Adams St. S in the Park and Open Space (PO) zoning district per City Code Section 151.011N.; and WHEREAS, the property upon which the request is being made is legally described See Exhibit A; and WHEREAS, renovations are occurring at Fire Station 2 located at 1001 Vierling Dr. W and 24 -hour response capability shall be maintained; and as: WHEREAS, there is not a suitable location for the temporary trailer therefore it will be placed on the adjacent property also owned by the City of Shakopee; and WHEREAS, all required public notices regarding the public hearing for the application were duly sent and posted, a public hearing was held on March 5, 2026, at which time it heard from City Planning staff and invited members of the public to comment; and WHEREAS, the Planning Commission has recommended to the City Council that the IUP is hereby approved subject to the proposed conditions; and WHEREAS, the City Council of the City of Shakopee reviewed this application on March 17, 2026, and adopted the following findings: Criteria #1 Finding #1 The proposed use will not delay permanent development of the site; The proposed trailer location is already developed with multiple park amenities including, but not limited to, SandVenture Aquatic Park, disc golf course, playground, and shelters. Criteria #2 The proposed use will not adversely impact implementation of the Comprehensive Plan or adopted plan for the area; 6 Finding #2 Criteria #3 Finding #3 Criteria #4 Finding #4 Criteria #5 Finding #5 Criteria #6 Finding #6 Criteria #7 Finding #7 Criteria #8 Finding #8 The temporary placement of a construction trailer to provide 24 -hour support facilities for Fire Station 2 during renovations will not impact implementation of the Comprehensive Plan or any adopted plans for the area. The proposed use will not be in conflict with any provisions of the city code on an ongoing basis; The temporary placement of a construction trailer to provide 24 -hour support facilities for Fire Station 2 will not be in conflict with the city code on an ongoing basis. The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare; and The proposed use will not harm the public health, safety and welfare of the surrounding neighborhood, rather it will allow for 24 -hour response capability. The date or event that will terminate the use has been identified with certainty; and The temporary construction trailer will be removed on or before November 30, 2026. The property on which the use is situated has no open enforcement orders and there are no nuisance characteristics associated with the property or its current use; and There are no open enforcement order or nuisance characteristics associated with the property or its current use. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and Permission to place a temporary construction trailer will not impose additional costs on the public. The user agrees to any conditions that the governing body deems appropriate for permission of the use. The applicant agrees to any conditions the governing body deems appropriate. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the requested IUP is hereby approved, subject to the following conditions: 1. The construction trailer shall comply with the approved site plan. 2. The construction trail shall not utilize a generator. 3. All required permits (electrical, building, etc.) shall be obtained prior to placement of the construction trailer on the site. 4. Construction trailer shall be removed on or before November 30, 2026, with restoration of any disturbed areas by July 1, 2027. 5. Hydrant meter shall be obtained from Shakopee Public Utilities for non -potable water only. Fixtures shall be labeled with non -potable labeling. 7 Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 17th day of March, 2026. Matt Lehman, Mayor ATTEST: Richard Parsons, City Clerk 8 EXHIBIT A That part of the Northwest 1/4 of the Southwest 1/4 of Section 12, Township 115, Range 23, Scott County, Minnesota except that part of St. Marks Cemetery described as follows: Beginning at the Northeast corner of said Northwest 1/4 of the Southwest `/4; thence southerly along the East line of said Northwest 1/4 of the Southwest 1/4 a distance of 596.20 feet to a point 1954.54 feet southerly from the Northeast corner of the Southwest '/4 of the Northwest 1/4 of said Section 12, said 1954.54 feet measured along the East lines of said Southwest 1/4 of the Northwest 1/4 and Northwest 1/4 of the Southwest 1/4; thence westerly parallel with a line drawn at right angles to the East line of said Southwest '/4 of the Northwest 1/4 a distance of 484.10 feet; thence northerly parallel with the East line of said Northwest 1/4 of the Southwest 1/4 a distance of 643.27 feet more or less to the North line of said Northwest 1/4 of the Southwest 1/4; thence easterly along the North line of said Northwest 1/4 of the Southwest '4 a distance of 485.95 feet more or less to the point of beginning. Also except that part of CSAH No 15 as shown on Minnesota Department of Transportation Right of Way Plat No 70-2 according to the recorded plat thereof on file and of record in the office of the County Recorder, Scott County, Minnesota. And also except Park Place, according to the recorded plat thereof on file and of record in the office of the County Recorder, Scott County, Minnesota. And also except that part of the Northwest 1/4 of the Southwest 1/4 of Section 12, Township 115, Range 23, Scott County, Minnesota, which lies northwesterly of Parcel 48 (Permanent Drainage Easement) as shown on Minnesota Department of Transportation Right of Way Plat No. 70-2, according to said plat on file and of record in the office of the County Recorder, Scott County Minnesota, and which lies southerly of a line drawn at right angles to the East line of the Southwest 1/4 of the Northwest 1/4 from a point 596.20 feet south of the Northeast corner of said Northwest 1/4 of the Southwest '/4, said point being 1954.54 feet southerly from the Northeast corner of the Southwest '/4 of the Northwest '/4 of Section 12, said 1954.54 feet measured along the East lines of said Southwest '/4 of the Northwest 1/4 and Northwest '/4 of the Southwest %4, and lying easterly of a line drawn parallel with and distant 678.13 feet East of the West line of said Northwest 1/4 of the Southwest '/4 and lying northerly of a line drawn parallel with and distant 40.00 feet northwesterly of the following described line. Commencing at the Southwest corner of Lot 1, Block 3, Orchard Park West P.U.D. 3rd Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota; thence 00 degrees 16 minutes 45 seconds West, assumed bearing along the Southerly extension of the Westerly line of said Lot 1, 41.89 feet, to its intersection with a line drawn parallel with and distant 40.00 feet Southerly of the Southerly line of said Lot 1, and its Westerly extension thereof, to the point of beginning of said line to be hereinafter described; thence South 73 degrees 38 minutes 33 seconds West, 28.23 feet; hence Westerly, 459.56 feet, along a tangential curve, concave to the North, having a radius of 455.00 feet and a central angle of 57 degrees 52 minutes 12 seconds, to the point of reverse curvature; thence Northwesterly, 305.55 feet, along a tangential curve, concave to the Southwest, having a radius of 455.00 feet and a central angle of 38 degrees 28 minutes 34 seconds, and said line there terminating. 9 Project Narrative The City of Shakopee is moving forward with plans to renovate Fire Station 2 at 1001 Vierling Dr. W. to meet future staffing needs. During construction, the building will be limited to garage use only. The entire east half of the building will be under construction and unavailable for department operations. Because fire apparatus must remain indoors, there is no space within the apparatus bay to build temporary support facilities for firefighters during their 24 -hour shifts. To address this, the interim use permit allows placement of a 14 -foot by 70 -foot construction trailer on -site. This trailer will provide essential support facilities for fire staff to maintain 24 -hour response capability from Station 2. Additional temporary facilities will be located within the apparatus bay to ensure daily operations continue. The trailer will be positioned north of the building in the grass area and connected to temporary electrical and water services. Portable generators will not be used. Other than small entryway lights, no additional lighting is proposed; existing parking lot lights will meet site requirements. The trailer will remain in place until renovations are complete, with removal scheduled no later than November 30, 2026. 11 N r Unit #652113 II Mesurernents and layout are aproxirnates 7,1 36" - 38" wide h 1 WILLA! SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Planning Commission March 5, 2026 4.c PUBLIC HEARING - Ordinance O2026-005 amending City Code Section 151.002 and 151.007 K. related to wireless communication towers in the Light Industry (I-1) and Heavy Industry (1-2) zoning districts Amanda Schwabe, Planner Michael Kerski Action to be considered: Recommend approval to the City Council of Ordinance O2026-005. Motion Type: Simple Majority Background: Planning staff reviewed zoning code regulations related to wireless communication towers and are proposing modifications to the ordinance to clarify requirements and remove regulations related to small cell installations which are addressed in another chapter. A summary of the proposed changes are as follows: • Creates definition for "Monopole" in Section 151.002. • Modifies commercial wireless towers from an Accessory Use to a Conditional Use in I-1 and 1-2 to align with the PO zoning district regulations. • Superscript 15. Communication Service Apparatus/Devices when co -located: O Updates the conditions of approval to correct discrepancies related to city commissions and fund accounts. O Removes a requirement to provide all future location sites. • Superscript 50. Towers for Commercial Wireless Telecommunications Services. O Removes conditions of approval typically associated with small cell installations now regulated by City Code Chapter 90. O Requires monopole design or alternative design approved by the City Administrator or designee. o Clarifies language to allow towers up to 85 feet (including antennas and attachments) in PO zoning district. o Clarifies language to allow towers up to 175 feet in height (including antennas and attachments) in I-1 and 1-2 zoning district. o Requires a setback to property line(s) of half the tower height and allowances 14 to integrate a tower into an architectural feature such as a place of worship steeple, bell tower, power line support structure, etc. 0 Requires accessory utility buildings greater than 199 sq. ft. in size to be architecturally designed per City Code Section 151.108. The ordinance would be effective upon approval by the City Council and publication. Recommendation: Recommend approval to the City Council of Ordinance O2026-005. Budget Impact: None Attachments: DRAFT Ordinance O2026-005 15 ORDINANCE O2026-005 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SECTION 151.007 K OF THE SHAKOPEE CITY CODE RELATED TO WIRELESS TELECOMMUNICATION USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS The City Council of Shakopee, Minnesota ordains: Section 1. Section 151.002 of the Shakopee City Code is amended to remove the strikethrough text and add the underlined text as follows: MONOPOLE. A self-supporting, single -pole tower (typically steel) used to mount antennas for wireless communication, cellular networks, and radio, standing without guy wires or support braces. Section 2. Section 151.007 K of the Shakopee City Code is amended to remove the strikethrough text and add the underlined text as follows: 151.007 K Table of Uses COMMERCIAL AND INDUSTRIAL DISTRICTS A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers in superscript indicate additional conditions for approval of use. These conditions are found in City Code § 151.007 K USE CLASSIFICATION (proposed) B-1 B-2 B-3 NC MR CC I-1 I-2 BP Towers for commercial wireless telecommunication services5o AC AC 15. Communication Service Apparatus/Devices when co -located. a. Shall be co -located on an existing tower or an existing structure; b. Must nort exceed 175 feet in total height (including the extension of any communication service devices(s) apparatus; c. Lights, reflectors, and/or flashing equipment equipment shall not be permitted unless required by state or federal agencies; d. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; e. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; f. Shall be located and have an exterior finish that minimizes visibility off -site to the maximum extent possible; 1 16 g. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with; h. All obsolete or unused towers and accompanying accessory facilities shall be removed within 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 responsible for the removal of facilities and restoration of the site; i. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus; ji. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board Planning Commission and approved by the City Council: 1) City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; or 2) Commercial recreation areas and major play fields used primarily by adults. k j_All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park RescrveDevelopment Fund. 50. Towers for Commercial Wireless Telecommunications Services. a. Shall also operate as a public utility structure; b. Shall be located within the public rights of way; a. Structure shall be of a monopole design unless the City Administrator or designee determines that an alternative design would be better blend in to the surrounding environment; € b. Structure shall be limited to 85 feet in height including all antennas and other attachments in the Park and Open Space (PO) zoning district. Structure shall be limited to 175 feet in height including all antennas and other attachments in the Light Industry (I-1) and Heavy Industry (I-2) zoning districts; d. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure; etc. Shall be setback from each property line a distance equal to half the total height of the tower including antennas and other attachments. Setback may be reduced to allow the integration of a tower into an existing or proposed structure such as a place of worship steeple, bell tower, power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in design and color to the existing or proposed structure and does not extend above the highest point of the existing or proposed structure. f. No setback shall be required when located in the public rights of way; 2 17 g. Turf or other materials shall be established in the right of way consistent with the materials in the right of way at the time of installation; h- d.Lights, reflectors, and/or flashing equipment shall not be permitted unless required by state or federal agencies or incorporated into the approved design to illuminate ball fields, parking lots or similar areas; e Shall be constructed of, or treatedprotected with, corrosive resistant material; f. Shall have an exterior finish that minimizes visibility off -site to the greatest extent possible; jg_Signage shall not be allowed on the tower other than danger or warning type signs; k,h.Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower and wireless services will not interfere with existing communications for public safety purposes; ki_Must be built to accommodate antennas being placed at varying heights on the tower; m -j. Existing vegetation on the site shall be preserved to the maximum extent possible; n k.Shall b -e surrounded by a security fence 6 feet in height with a lockable gate_ which complies with City Code Section 111.02; .a. Shall have an cxtcri r finish that minimizcs visi ility ff site t the greatest extent p ssiblc; 1. Accessory utility buildings greater than 199 sq. ft. in size shall be architecturally designed meeting the requirements of City Code Section 151.108; Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with; gn.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 the one-half mile search radius of the proposed tower for any of the following reasons; 1) The necessary equipment would exceed the structural 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; 2) The necessary equipment would cause interference as to significantly 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; 3) Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment 3 18 at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or 4) The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building. moo. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city; 1) After the facilities are removed, the site shall be restored to its original or an improved state as approved by the Zoning Administrator or designee. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. s, The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s) apparatus; and t q. Other accessory uses, as determined by the Zoning Administrator. Section 3. Effective Date. This ordinance becomes effective from and after its adoption and publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the day of , 2026. Mayor of the City of Shakopee Attest: Richard Parsons, City Clerk 4 19