Site Information
Applicant: Le dios Engineering, LLC & Shakopee Public Utilities
Owner: R & J Breeggemann Partnership
Location: 2022 Colburn Drive
Current Zoning: Highway Business (B-1) Zone
Proposed Zoning: Light Industry (I-1) Zone
Comp. Plan: Mixed Employment Center

Introduction
Ledios Engineering, LLC & Shakopee Public Utilities have submitted a Conditional Use Permit (CUP) application to allow for the construction of an over-height utility structure (electrical distribution substation) at 2022 Colburn Drive (located east of Colburn Drive and west of County Highway 69/Old Brick Yard Road), on property presently zoned Highway Business (B-1) Zone (proposal to rezone property to Light Industry is concurrent with this CUP request). Overheight structures are allowed as a conditional use within the I-1 Zone, and shall be setback from each property line a distance equal to half the structure height (37.5 feet required setback). The electric substation will be used to serve the southwestern portion of the Shakopee Public Utilities electric service area including newly annexed and future annexed areas.

This Conditional Use is subject to the property being rezoned to the I-1 Zone.

Considerations
Attached to this report is a drawing showing the conceptual layout of the SPUC Substation proposed between County Road 69 and Colburn Drive West. The drawing identifies the proposed overheight structures will be setback in excess of the minimum requirement, with a proposed 8-foot tall fence to be a minimum of 30 feet from the property lines. Additionally, they have proposed 5-foot tall techny arborvitae vegetative screening 6 foot on center that they hope will grow in height and grow together to provide a “green wall” along the east and west fences (similar to the Dean Lake Substation along Eagle Creek Boulevard just west of Canterbury Road). Staff recommends that arborvitae not be used because of susceptibility to salt, wind and freeze damage and suggest other evergreens like junipers be used and in addition, a mixture of other trees such as crab apple and white pine would be placed between other evergreens along the property lines. The Planning and Development Department have included a condition that should this use be approved; staff will work with the applicant to ensure at a minimum compliance with the city landscape screening requirements. Staff will be looking for a diverse variety of plantings that upon maturity will extensively screen these structures from off site.

The elevations would be nearly identical to those shown for Pike Lake Substation except the control buildings and Xcel Equipment Enclosure would be approximately 13 feet tall. The applicant has provided photos that are representative of what the facilities will look like except that this substation communication towers will be 75 feet tall (not the 100-foot communication tower at Pike Lake) and this substation’s control buildings are proposed to have a metal exterior (and not the thin brick exterior shown on the Pike Lake control building). Staff have included a condition that should this use be approved; any proposed exterior material shall comply with all design and performance standards of the City Code (certain metal siding materials are not a permitted building material). City Code Section 151.108 lists permitted building design and materials.  Staff does not support the use of the metal and suggests that masonry units with integral color be used or integral color precast, similar to what is being used in new industrial developments.

Other departments and agencies have had the opportunity to review and comments were received that have been incorporated into the draft resolution for the Board’s consideration.

The applicant and/or staff have provided the following information based on questions received from property owners located within this neighborhood:

1. The proposed towers and equipment shall not exceed 75 feet in height. For reference purposes, the adjacent Xcel Transmission tower structures are 140 feet in height.
2. No flashing lights are planned on the top of their poles/towers, and there is no noise normally emitted by the equipment other than a low hum from the transformer that is not noticeable at a certain distance.
3. Frequency of trips planned to this substation by SPU operating/maintenance personnel is proposed at one trip per day for inspection. If there is an outage at this substation then there would be additional vehicles there for that day.

Additionally, staff had recommended several site development improvements. The applicant provided a revised plan with the following additions:
• Access road directly into parking area to avoid tight turns and to provide more room for vegetative screening between center access road and south access road.
• Vegetative screening on south side of parking area.
• Added notes 6, 7, and 8 to clarify site accessibility.
• Staff requests that arborvitae not be used for screening and a more durable evergreen be chosen 
• Maintenance vehicles showing turning around structures and symbol in legend.
• Transport for delivery of power transformer.
• East edge of parking area 10 feet from property line.

The applicant has assured staff the following will be incorporated into the development of this site:
1. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and its unobtrusive;
2. Lift Stations with buildings shall comply with all applicable design standards;
3. Shall provide necessary sound proofing and vibration attenuation in conformance with all applicable sound and noise regulations.
Some of the design and performance measures that they will be incorporating into this site to ensure compliance with those standards are as follows:

Building Design and Materials
The SPU switchgear building and Xcel building will meet all applicable building codes and the exterior and roof will be as described below.

Permitted Major Exterior Building Materials
The SPU switchgear building will have an exterior of non-corrugated insulated metal panel systems, which is a permitted material.

Specific Minimum Requirements
The entire SPU switchgear buildings and Xcel enclosure are identified as mechanical rooms, thereby not requiring windows as mechanical rooms may be excluded from the window area requirement.

Required Design Features
Entire exterior façade of the SPU and Xcel buildings will be one color. (City Code requires color integral horizontal and vertical design features).
Wall height variations of at least 7.5% of height every 100 feet horizontally is not applicable as building lengths are less than 100 feet.

Roof Materials
The roof of the SPU switchgear buildings will be standing seam metal, which is an included option.

Material Standards
All building and roofing materials shall meet current accepted industry standards, and tolerances, and shall be subject to review and approval by City staff for quality, durability, and aesthetic appeal.

Trash Handling and Recycling
No trash, recyclable materials or handling equipment are proposed at this site.

Mechanical Unit Screening
There are no roof-mounted mechanical units and a wall-mounted exhaust fan cover will match the metal exterior; therefore, there are no anticipated issues with complying with the City Code screening requirement.

They have provided a copy of the City Code requirements to Xcel Energy so that they are aware of the requirements when designing their equipment enclosure which is not expected to be needed for several years when the second SPU power transformer and control building are needed for load growth.

FINDINGS
Section 151.011 (Conditional Use Permits), Subd. A (Criteria for Granting Conditional Use Permits) states “In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole.” The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain 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 The City has not received any 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 use complies with the conditions of 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 should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution.
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, drainage and other necessary
facilities have been or will be provided for the site. The addition of the substation allows for continued development within Shakopee and allows for continued economical rates for SPUC customers.
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 (Mixed Employment Center).