Site Information:
Applicant: Cyxtera Technologies
Property Owner: COMPASS DATACENTERS MSP 1, LLC
Location: 4446-50 Dean Lakes Blvd.

Current Zoning: Business Park (BP) Zone, with a PUD Overlay
Adjacent Zoning:

North: Business Park (BP) Zone
South: Medium Density (R-2) Zone
East: Medium Density (R-2) Zone
West: Business Park (BP) Zone

Comp. Plan: Industrial

Introduction:
Eliobaldo Rodriguez, Cyxtera Technologies, has applied for a Conditional Use Permit for an over-height fence at 4446-50 Dean Lakes Blvd. The proposed fence would be 8’-0” in height and located in what is defined by City Code as the front yard of the property. City Code limits the height of fences in front yards to a maximum height of three (3) feet. Fences in Business Park Zones in yards other than the front may be up to 8’-0” in height. The general purpose of the 3’ maximum height requirement is to allow for better vehicular/pedestrian visibility.

The proposed fence is described as a Stronghold flat top metal panel security fence. This fence would wrap the entire property, with one gate at the south entrance off Coneflower Lane, and two (2) gates across the one way drives off Dean Lakes Blvd. on the north side of the property. The fence segment closest to the residential neighborhood is proposed to be located just behind the existing berm along Coneflower Lane.

Considerations:
Planning staff received comments from several review agencies. Public Works/Engineering noted potential conflicts with utility service lines, of which approx. 15 lines would either cross under the fence and/or run parallel in close proximity to that fence. They also commented that there may be a need for a grading permit, all existing trees must be protected, and that any proposed overstory trees shall be located outside existing drainage & utility easements. Shakopee Public Utilities provided a memo (attached) that addresses several of their concerns. Other comments received include that should this request be approved, submittal of a building permit application would be required, compliant with City Code Chapter 111.02 (A) (1 & 2), and 111.02 (B) (1, 2, & 3), and that they provide gate access and keyboxes as required by the Fire Department.

Attached is an exhibit which identifies the location of the fence, existing easements, and potential conflicts with utility service lines. The applicant is proposing the placement of the fence outside the public drainage & utility easement; however, the fence does encroach into the Xcel Energy and NSP easements along the north side of the property.

The attached plan identifies the easements in green, the fence in blue, and areas where they are crossing utilities are in red (with the utility they are crossing boxed in blue).

Based on the proposed fence design and location, staff would recommend that the property owner is responsible for any damage to that fence should the city and/or a utility need to do work on a utility service. Additionally, staff support the Stronghold style of fence, which is designed with flat metal panel caps/tops.

This proposal was approved previously on July 3, 2017; however, the Conditional Use Permit became void as it was not used within one year of the date of final action by the city due to delays in funding. The property owner/applicant has resubmitted their application, requesting exactly what the BOAA approved last July.

Findings:
The criteria required for the granting of conditional use permits are listed below with staff findings.

Criteria #1 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 permit 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.

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. Access to the utilities and access roads shall be provided, consistent with the conditions noted in the Resolution.

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 Business Park (BP) 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 industrial uses.