Site Information
Applicant: Shakopee Public Utilities Commission (SPUC)
Property Owner: Shakopee Public Utilities Commission
Location: 1705 Windermere Way
Current Zoning: High Density Residential (R-4) Zone

Adjacent Zoning: North: High Density Residential (R-4) Zone
South: Urban Residential (R-1B) Zone
East: Jackson Township – SF Residential
West: High Density Residential (R-4) Zone
Comp. Plan: High Density Residential
Lot Size: 0.91 Acres

Introduction
Shakopee Public Utilities Commission has made application for a Conditional Use Permit to allow an overheight utility service structure in the R-4 zone. The subject property is located southwest of Marystown Road and 17th Avenue, in the Windermere Way Subdivision (east of the proposed BHS Senior Housing development). Attached are the applicant’s descriptive narrative and site/elevation/landscape plans for this proposal. The extent of development of this site includes construction of a booster station and pump house in the first phase, which will address the need for water service for the Windermere development. Subsequent phasing will include a water treatment facility as needed if the aquifer’s water quality warrants treatment. As suggested by staff, SPU has proposed a building with a design that complements the proposed BHS development, and fits well with the adjacent residential properties. The proposed structure will be 28’-1 ½” in height, where 20 feet is the max. allowed without CUP approval. The applicant in their narrative provided extensive information regarding the anticipated capacity for serving this area and the rationale for the structure/features as proposed.

SPU will be providing extensive landscaping on the site (see landscape plan), especially on the east side of the site for buffering purposes. The proposed structure is located such on the property in order to minimize significant shadowing on adjacent properties, and is setback from each property line as far as feasibly possible to minimize any impacts on the adjacent properties.

Should this CUP request be approved, building permits will need to be submitted for review and approval.

Planning staff did receive comments from several reviewing agencies. Those comments have been incorporated into the draft resolution for the Board’s consideration.

Findings - Conditional Use Permit:
The criteria required for the granting of conditional use permits (per City Code Section 11.85, Subd. 1) are listed below.
Criteria #l: 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;
Finding #1: Staff has received no evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the site complies with the conditions included in the Resolution.

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;
Finding #2: The conditional use permit will not impede future development and improvement in the area, but rather will be necessary for the normal and orderly development and improvement of the surrounding property.

Criteria #3: Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided;
Finding #3: Adequate utilities, access roads and drainage are provided or will be provided at the site. Development of this structure and facilities is essential for SPUC to provide adequate water service and fire protection to existing and future development.

Criteria #4: The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use; and
Finding #4: The use of the subject property is consistent with the purposes of the High Density Residential (R-4) Zone.

Criteria #5: The use is not in conflict with the Comprehensive Plan.
Finding #5: The use is not in conflict with the Comprehensive Plan. The Comprehensive Plan designates this area for residential uses.