Item Coversheet

A.


Shakopee Board of Adjustments and Appeals
April 20, 2017


FROM: Mark Noble, Senior Planner 
TO:Board of Adjustment and Appeals
Subject:
PUBLIC HEARING – CASELOG N0. 17-019 - Conditional Use Permit to allow Manufacturing, Fabrication, Processing and Assembly Uses at 2101 4th Avenue East.
Policy/Action Requested:
Duke Realty Corporation is requesting that the Board of Adjustment and Appeals approve their Conditional Use Permit (CUP) application to allow Manufacturing, Fabrication, Processing and Assembly uses at 2101 4th Avenue East.
Recommendation:
After evaluating the request against the stated criteria for a Conditional Use, Staff recommends that the BOAA approve Resolution No. PC17-019, a resolution approving a Conditional Use Permit to allow a Manufacturing, Fabrication, Processing and Assembly uses at 2101 4th Avenue East.
Discussion:
Site Information
Applicant: Duke Realty Corporation
Property Owner: Duke Realty Corporation
Location: North of 4th Avenue, East of Sarazin Street and West of Shenandoah Drive
Current Zoning: Light Industry (I-1) Zone

Adjacent Zoning: North: CSAH 101/Memorial Park
South: Urban Residential (R-1B), Highway Business (B-1) and Agricultural Preservation (AG) Zones
East: Light Industry (I-1) Zone
West: Light Industry (I-1) Zone
Comp. Plan: Industry
Lot Size: 29.15 Acres

Introduction
Duke Realty Corporation has made application for a Conditional Use Permit to allow Manufacturing, Fabrication, Processing and Assembly uses at 2101 4th Avenue East. They have recently reached a tentative agreement with a tenant that requires the ability to do light manufacturing, production, fabrication and assembly of products, which requires Conditional Use approval. The proposed tenant has identified an area encompassing foam conveyors, foam shredding and production lines, which would be roughly ½ of the anticipated tenant lease space, with the balance of space incorporated into warehousing and office area. This plan (Exhibit B) references approx. the east half of the building. The property owner is requesting approval of these uses throughout the entire building to cover the possibility for expansion by this tenant, or a lease agreement with a similar type tenant. All semi-trailer loading/unloading will be conducted on the north side of the building, with the exception of a small drive-up area on the east side of the building. Staff had included conditions pertaining to loading dock areas and operation of the drive-up area in the draft resolution which should address noise and light concerns raised by neighboring property owners.

The City Code stipulates that manufacturing, fabrication, processing, and assembly operations shall operate entirely within an enclosed building. Staff does not anticipate any issues with this requirement for the proposed tenant, and have included this language in the draft resolution.

Minnesota Environmental Review Rules, under the administration of the Environmental Quality Board, stipulate that construction of a new warehouse or light industrial facility equal to or in excess of 1,000,000 square feet would require a Mandatory EIS (Environmental Impact Statement). The building proposed for this property would be approx. 374,000 square feet; therefore, an EIS is not a requirement of this project.

The proposed project appears to comply with the required design standards for Light Industry (I-1) Zoned properties, provided the conditions identified in this CUP Resolution, as well as the conditions identified in the previously approved CUP Resolution for exterior storage of semi-trailers and the Gateway South Second Addition Final Plat Resolution are met. Specific design details will be reviewed for compliance with the City Code Design Standards at the time of building permit submittal/review, should this project be approved.

Findings – Conditional Use Permit
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 for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity, provided the conditions of the resolution are met.

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, as proposed, will not impede future development and improvement in the area, provided the conditions of the resolution are met.

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.

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 proposed Light Industry (I-1) 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.
ATTACHMENTS:
Description
Resolution No. PC17-019
Exhibit A - Project Narrative
Exhibit B - Anticipated Uses
C200-C202 Site Plans