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Shakopee City Council
March 17, 2020
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Mayor and Council Members |
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| | | | | | | | Subject:
Interim Use Permit for Canterbury RV Park | | |
| | | | | | | | Policy/Action Requested:
Approve Resolution No. R2020-028, a resolution approving Canterbury Park Entertainment LLC's Interim Use Permit request to allow an RV Park for 28 Recreational Camping Vehicles (RCV’s) on their property | | |
| | | | | | | | Recommendation:
The Planning Commission heard this item at their March 5, 2020 meeting, and by a 6-0 vote, recommended approval subject to the conditions included in Resolution No. R2020-028.
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| | | | | | | | Discussion:
Canterbury Park is located west of Canterbury Road, north of 12th Avenue, and east of Shenandoah Drive. They previously received approval for licensing 20 RCV sites near their existing Barensheer access road; however, improvements ongoing at Canterbury requires the relocation of a number of the existing vehicle sites. They have submitted a concept plan that identifies the proposed locations of 28 RCV’s, requesting approval for their employees to utilize these sites from April through November. This type of request requires a review by the Planning Commission, with their recommendation forwarded to the City Council for their approval. The purpose of an Interim Use Permit is as follows:
(a) Ensure sufficient information is provided by the applicant;
(b) Ensure interim uses comply with city code requirements;
(c) Ensure temporary uses remain temporary in nature;
(d) Ensure appropriate conditions are attached to enhance compatibility with surrounding uses;
(e) Ensure interim use permit applications are processed in a manner consistent with state statutes; and
(f) Interim use permits may be used for the temporary establishment of any use listed in any zoning district as a permitted or conditional use.
The following are findings that shall be made prior to approval of an interim use permit:
(a) The proposed use will not delay permanent development of the site;
(b) The proposed use will not adversely impact implementation of the Comprehensive Plan or adopted plan for the area;
(c) The proposed use will not be in conflict with any provisions of the city code on an ongoing basis;
(d) The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare;
(e) The date or event that will terminate the use has been identified with certainty; and
(f) 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.
(g) 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.
(h) The user agrees to any conditions that the governing body deems appropriate for permission of the use.
Staff reviewed the above criteria and have found that the proposal would meet the eight (8) criteria, with conditions as included in the draft Resolution. The proposed location is not in use by the public during this time frame, the proposed use would have minimal visibility from adjacent properties/rights-of-way, and traffic impact would be minimal, as any use of these RCV’s would be via private drives within Canterbury Park designed to handle the minimal traffic generated by this use. City Engineering, Fire Department and Shakopee Public Utilities (SPUC) staff have provided comments that have been incorporated into the draft Resolution. The applicant will need to work closely with City staff on the submittal of a final site plan to ensure compliance with any City/Fire Code requirements.
If approved, the following language pertains to the term of said approval, and expiration/termination of said interim use permit:
(a) The term of an interim use permit must not exceed two years with a review after the first year.
(b) An interim use permit expires and the interim use must terminate at the earlier of:
1. The expiration date established by the City Council at the time of approval, but in no event more than two years from the date of approval;
2. The occurrence of any event identified in the interim use permit for the termination of the use;
3. Upon an amendment of the city code that no longer allows the interim use.
4. Unused interim use permits expire six months after approval if the proposed use has not commenced or a complete building permit application for a structure to support the interim use has not been submitted to the city for review. A landowner may apply to the Zoning Administrator for no more than one-time extension of up to six months for an unused interim use permit.
5. Interim use permits expire if the interim use ceases operation for a continuous period of one year or longer.
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