Item Coversheet

*4.B.2.


Shakopee City Council
December 19, 2017


FROM:Mark Noble, Senior Planner
TO:Mayor and Council Members
Subject:
Interim Use Permit Amendment for Storage of Semi-Trailers at Valleyfair
Policy/Action Requested:
Approve Resolution No 7956, a resolution approving an Interim Use Permit Amendment to allow temporary storage of 450 semi-trailers on the Valleyfair property.
Recommendation:
Staff Recommendation
Staff and outside agencies have reviewed the amended proposal and have recommended approval, subject to the conditions of the City Code noted above, a condition that the trailers shall be parked so that the maximum area for each grouping of trailers do not exceed 250 feet by 100 feet, with a minimum separation of 10 feet maintained between each area, and a condition that the use occurs generally consistent with the location on the submitted aerial plan for the time frame requested by the applicant (Nov. 1 – thru February 15).

Planning Recommendation
The Planning Commission reviewed this request at their December 7, 2017 meeting, and by a 6-0 vote, recommended that the City Council approve this request.
Discussion:

Valleyfair, applicant, and Cedar Fair, property owner, are requesting approval of their Interim Use Permit Amendment request to allow temporary storage of an additional 350 semi-trailers on their property. Valleyfair is located on the north side of Hwy. 101, generally west of Valleyfair Drive. Valleyfair received approval on September 19, 2017 to temporary store 100 trailers on their property. They have been approached by another business interest inquiring about temporary storage; therefore, they would like to be able to temporarily store an additional 350 trailers to the previously approved 100 trailers on the northerly portion of their main parking lot from November 1st to mid February (previous approval was to mid January). 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. The proposed location is not in use by the public during this time frame, the proposed amended use would have minimal visibility from adjacent properties/right-of-ways, and traffic impact would be minimal, as any use of these trailers would be via Hwy. 101 which is designed to handle the minimal traffic generated by this use. The applicant identifies an area of approx. 785 feet by 303 feet. The applicant will need to work closely with City Planning and Fire on the submittal of a final site plan to ensure compliance with any Fire Code and Parking 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 land owner 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.

Budget Impact:
No impact.
ATTACHMENTS:
Description
Resolution No. 7956
Site Aerial
Site Plan
Legal Description