HomeMy WebLinkAbout2021-11-10 CC Packet Handout @ Meeting
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CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
APPROVAL OF CONDITIONAL USE PERMIT
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Subject to the terms and conditions set forth herein, the City of Centerville hereby
grants approval of a CONDITIONAL USE PERMIT for the SUBJECT PROPERTY on the behalf
of the LANDOWNER.
The “Permit” allows the Landowner to:
Develop, construct, and operate a building supply sales establishment with
outside storage as a conditional use of the building supply sales use of the
Subject Property, subject to the conditions stated herein.
This Permit governs the “Subject Property” legally described as:
Lot 5 and Lot 6, Block 1, Industrial Park Plat, located in the City of Centerville,
County of Anoka County, and the State of Minnesota.
This Permit is granted to the “Landowner”:
Shingle Creek Capital, LLC, a Minnesota limited liability company.
The Parties agree that this Permit shall operate and enjoin the City, the Subject
Property, and the Landowner to the terms and condition stated herein. The Ordinances
of the City of Centerville and the State of Minnesota govern the Subject Property and the
Landowner. The Landowner is responsible to enforce the conditions of this Permit upon
any owner of the land or shareholder thereof, any person or entity entering upon the
Subject Property, or any employee, partner, contractor, heir, or assignee of the
Landowner.
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FINDINGS OF FACT FOR CONDITIONAL USE PERMIT
The Planning and Zoning Commission and the City Council made these Findings of Fact
in support of the recommendation and approval of this Conditional Use Permit:
1) The current use of the property is industrial, but the City’s vision is for Main Street
retail uses in the B-2 district.
2) The City, through its conditional use process, can place reasonable conditions on
use of property.
3) The proposed building supply use with a retail showroom and outside storage
under a B-1 rezoning will be an improvement over the existing state of the property
and a significant investment, but not all the way to the Main Street retail vision the
City has.
4) The City has standards in its zoning code for site plan review, including screening
of storage areas from rights-of-way and adjacent properties, and for landscaping,
lighting, building materials, and other issues which promote high quality, attractive
development in the City’s commercial areas.
5) The project as proposed meets the criteria for granting a Conditional Use Permit in
Section 156.320 of the Zoning Code.
6) These findings, and issuance of this Permit, are specific to the purchase of the
Subject Property by Shingle Creek Capital LLC.
CONDITIONAL USE PERMIT CONDITIONS
The City of Centerville hereby grants the Subject Property and Landowner a
CONDITIONAL USE PERMIT to develop, construct, maintain, and operate a building supply
sales establishment, subject to the following conditions:
1) Complete a site plan review process for outside storage.
2) The Subject Property, including the building, storage, and staging area, and
loading and circulation area shall only be used for building supply sales as
described in the application and depicted on the submitted plans, including the
revised Site Plan dated 11-4-2021 and covered by this conditional use permit.
3) All goods, materials, and supplied must be stored with the building or within the
screened storage and staging areas identified on the revised Site Plan dated 11-
4-2021.
4) The storage area must be completely screened from adjoining properties and
rights-of-way, including a double row of evergreen trees at the site perimeter and
dense shrubbery between the customer parking lot and the staging area, to be
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reviewed and approved by the city planner and city engineer.
5) All outdoor storage and staging areas must be maintained and kept in an orderly
condition within the areas identified as Staging Area on the revised Site Plan dated
11-4-2021.
6) All parking shall be managed on site and all customer parking shall be located
within the customer parking area located adjacent to the existing building.
7) Two handicapped parking space, including at least one van accessible parking
space per ADA standards shall be provided in the customer parking area at the
front of the site.
8) The fence enclosing the storage and staging shall be no more than eight feet in
height and constructed of durable materials to be submitted for review by the
Planning & Zoning Commission and City Council.
9) All lighting on site, whether existing or new, shall be downcast cutoff type fixtures
that allow no more than 0.5 footcandle onto the public right-of-way of Main Street,
with a detailed lighting plan and fixture specifications submitted for review by the
Planning & Zoning Commission and City Council.
10) Paving of all surfaces on site shall be submitted with detailed plans for review by
the Planning & Zoning Commission and City Council and reviewed and approved
by the city engineer.
11) Stormwater handling on site and design of the pretreatment area shall be
submitted with detailed plans for review by the Planning & Zoning Commission and
City Council and reviewed and approved by the city engineer.
12) All engineering and infrastructure issues shall be reviewed and approved by the
City Engineer.
13) All signage on site, whether existing or new, shall be submitted with plans for review
by the Planning & Zoning Commission and City Council and reviewed and
approved by the City Engineer.
14) The design of the exterior building remodeling, including materials and colors, area
shall be submitted with detailed plans for review by the Planning & Zoning
Commission and City Council.
15) Trash handling will be completely within the enclosed building or an approved
trash enclosure submitted with detailed plans for review by the Planning & Zoning
Commission and City Council.
16) Landowner shall construct and maintain the Subject Property and improvements
contained thereon in accordance with the approved plans, which are attached
as exhibits, and hereby incorporated as conditions of this Permit. These plans are
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entitled:
a. Site Plan
b. Outside Storage Plan
c. Landscape Plan
d. Stormwater Plan
17) Users of the Subject Property will produce no noise, vibrations, air pollution, light
pollution, fire hazards or noxious emissions which will disturb or endanger
neighboring properties.
18) Users of the Subject Property will create no act of public nuisance or disorderly
conduct, as defined pursuant to the City’s Code of Ordinances or pursuant to
State Law.
19) Landowner will follow the applicable standards and requirements of the City of
Centerville City Code, Rice Creek Watershed District, Anoka County, Army Corp
of Engineers, Federal Emergency Management Agency, Minnesota Department
of Natural Resources, and any other agency having jurisdiction over the Subject
Property.
20) Landowner will obey all laws and regulation necessary to operate a building
supply sales establishment, and will obtain and maintain, in good standing, all
licenses or permits necessary to operate this type of establishment.
21) The Landowner is responsible for all of the conditions set forth in this Permit.
22) In addition to all civil penalties and remedies for violation of this Permit, violation
of this Permit is a misdemeanor criminal offense.
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CITY OF CENTERVILLE
BY: _____________________________
D Love, Mayor
Attest: _____________________________
Teresa Bender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this ___ day of _________________, 2021. by
D Love, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
____________________________________________
Notary Public
Drafted by:
Kurt B. Glaser, Centerville City Attorney
Berglund, Baumgartner, Kimball & Glaser, LLC
333 Washington Avenue North, Suite 405
Minneapolis, Minnesota 55401
333-6513
KGlaser@BBKGLaw.com
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Shingle Creek Capital, LLC
By: Shingle Creek Capital, LLC
BY: _____________________________
Lucas Wiborg
Its: Shingle Creek Capital, LLC, President
STATE OF ______________ )
) ss.
COUNTY OF _____________ )
The foregoing was acknowledged before me this ___ day of _________________, 2021, by
Lucas Wiborg, as the President of Shingle Creek Capital, LLC, a Minnesota limited liability
company, and on behalf of the limited liability company and pursuant to authority
granted by that limited liability company.
____________________________________________
Notary Public
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