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Shakopee Board of Adjustments and Appeals
July 6, 2017
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Board of Adjustment and Appeals |
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| | | | | | | | Subject:
PUBLIC HEARING: Caselog No. 17-033 - Conditional Use Permit for an Overheight Fence in the Front Yard at 4446-50 Dean Lakes Blvd. |
| | | | | | | | Policy/Action Requested:
Approve Resolution PC17-033 as presented, a resolution approving a Conditional Use Permit for an over-height fence at 4446-50 Dean Lakes Blvd. |
| | | | | | | | Recommendation:
Staff recommends approval of the conditional use permit for an overheight fence, consistent with the conditions noted in Resolution No. PC17-033. |
| | | | | | | | Discussion:
Site Information:
Applicant: CenturyLink/Cyxtera
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:
Jose Lasquety, CenturyLink/Cyxtera, 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 3 feet. Fences in Business Park Zones in yards other than the front may be up to 8’-0” in height. The purpose of the 3’ maximum height requirement is to allow for visibility of drivers traveling on the roadway to see pedestrians, vehicles entering the roadway, and drivers entering a roadway from a driveway.
The proposed fence is described as a high security steel palisade fence, which is shown including a curved spiked top. 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. The Building Official commented that should this request be approved, submittal of a building permit application would be required. He also recommended that the fence not be located within the public drainage and utility easement, nor include the curved spiked top. Public Works/Engineering referenced City Code Chapter 111.02 (A) (1 & 2), and 111.02 (B) (1, 2, & 3), which pertains to fence construction requirements. They expressed concern with the design of the fence, particularly the curved spiked top. They also expressed concern with 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.
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 would recommend the Stronghold design of fence, which is designed with flat metal panels, vs. the Trident design with the curved & spiked metal panels. The applicant states that the Trident model is necessary to protect the Data Center from external threats. It should be noted that this project has been built in two phases and that this site has operated since 2013 without any fencing. Additionally, the fencing company includes in their information images of other Data Centers with fencing similar to staff’s recommendation. Lastly, staff would condition this application on retaining all existing landscaping along the Coneflower Lane berm. Should any landscaping be damaged/destroyed due to the fence install, new replacement plantings shall be installed consistent with the number, size and species of those lost.
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.
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