Discussion:
Applicant: City of Shakopee
Property Owner: Minnesota Department of Natural Resources
Location: North of Minnesota River, West of CSAH 101
City of Shakopee Planning and Development Department has applied for a Conditional Use Permit for property located north of the Minnesota River and west of Hwy. 101. The subject site is 9 acres in size, is zoned Agricultural Preservation (AG) Zone and is located in the Floodplain Overlay Zone.
The site presently is utilized as an archery range, operated by the City Parks and Recreation Department. The City of Shakopee requests to install an elevated platform structure 12’6” in height, 8’ long by 8’ wide, on treated poles which were donated to the City by the Shakopee Public Utilities Commission. The site is owned by the Minnesota Department of Natural Resources and leases the land to the City for use as an archery range.
Archery ranges are a listed permitted use of the Floodway District; however, structures accessory to this use are listed as a Conditional Use in the Floodway District. The site presently consists of several target practice areas and a parking area for range users. There presently exists an open sided shelter, portable restroom enclosure, and a picnic table, all of which are specifically approved as part of the lease.
The area of the archery range was previously impacted by the flooding of the Minnesota River though the level of the Minnesota River is well below the elevation of the archery range area. At the time of the last Conditional Use Permit (2010), the City worked with the DNR to develop a long term solution to properly drain this area.
The DNR supports this project, and the Minnesota Department of Transportation, US Fish and Wildlife, and Scott County CDA have not raised any objections regarding the project.
The City Building Official will provide comments pertaining to the design of the structure, noting that details on the design will be required at time of submittal of a building permit for this project. Installation of the elevated platform will not occur until such time that this CUP is approved and a building permit has been submitted and approved. Planning staff has noted that the accessory structure complies with the standards for Floodway Conditional Uses.
CONSIDERATIONS – CONDITIONAL USE PERMIT
City Code Section 151.011 - Conditional Use Permits (M) – Special Provisions in the Floodplain Overlay Zone provides factors upon which the decision of the BOAA shall be based, which appear to be met provided the conditions of approval in the draft resolution are complied with. Those factors are as follows:
a. The danger to life and property due to increased flood heights or velocities caused by encroachments.
b. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges culverts or other hydraulic structures.
c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease contamination and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for the proposed use.
h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
j. The safety of access to the property in times of flood for ordinary and emergency vehicles.
k. The expected heights velocity duration rate of rise and sediment transport of the flood waters expected at the site.
l. Such other factors which are relevant to the purposes of this Section.
The applicant has addressed these factors in their narrative, drawing, and correspondence through flood resistant materials, anchored platform, and no materials that would be injurious to human, animal or plant life. The proposal will not cause any increase in the stage of the 100 year, regional flood, or flood damages in reaches affected by such flood. The structure is not designed for human habitation and will be located to offer the minimum obstruction to the flow of flood waters. Additionally, staff believe that the conditions identified in the draft resolution will ensure that the factors noted above are adequately addressed.
FINDINGS - CONDITIONAL USE PERMIT
The criteria required for the granting of conditional use permits (per City Code Section 151.011, Subd. A) 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 The Board finds that 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, provided the conditions identified in the resolution are met. The proposed use is accessory to the primary use and is not an enclosed structure or a use that differs from the permitted use.
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 Board finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses allowed in the area, provided the conditions identified in the resolution are met. The proposed use is contained within the site area and does not change the use of the property.
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided;
Finding #3 The Board finds that adequate utilities, access roads, drainage, and other necessary facilities exist to serve the proposed use. The proposed accessory is not enclosed and the supports are being treated to ensure that levels of service are not impacted.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use;
Finding #4 The Board finds that the use is consistent with the purposes of the Agricultural Preservation (AG) Zone as an accessory structure to the permitted use of an archery range.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The Board finds that the proposed use is consistent with the purposes of the Comprehensive Plan, which guides the subject property for agricultural related uses.
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