SITE INFORMATION
Applicant: Shakopee Public Utilities Commission (SPUC)
Property Owner: LATOUR FARMS, L.P.
Location: 2080 Zumbro Avenue
Current Zoning: Urban Residential (R-1B) Zone
Lot Size: 7.019 Acres

INTRODUCTION
Shakopee Public Utilities Commission has made application for a Conditional Use Permit to allow an overheight utility service structure in the R-1B zone. The subject property is located north of CSAH 78 and west of the proposed extension of Zumbro Avenue to the north of CSAH 78. Attached is the applicant’s descriptive narrative and site/elevation/landscape plans for this proposal. The full extent of development of this site includes construction of an elevated water tank, multiple wells, pump house and a treatment plant facilty to serve existing and future water users of this part of the community.

The initial phase of development would include the elevated water tank, which would address the need for water service in the Windermere development. Subsequent phasing will include a water treatment facility and multiple wells and a pump house. The proposed elevated tank will be 750,000 gallons, approx. 135 feet in height, and have an approx. diameter of 66 feet. 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.

Staff is recommending landscaping around the perimeter of the water tank and other facilities at this time, even thou development is not presently occurring in the vicinity of this site. By installing the landscaping now, this will give the plantings a good start on growing in advance of the forthcoming surrounding development for buffering purposes. The proposed structure would cast shadows on adjacent properties; however, the City intends to develop a greenway to the northwest, north and northeast of this site which will help minimize any shadowing impact.

Should this CUP request be approved, rezoning and platting of the property along with submittal of building permits will need to be occur prior to any construction activity.

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; rather, it will be essential 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 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 in this part of the community

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 Urban Residential (R-1B) 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.