Item Coversheet

6.D.


Shakopee Board of Adjustments and Appeals
March 8, 2018


FROM: Mark Noble, Senior Planner 
TO:Board of Adjustment and Appeals
Subject:
PUBLIC HEARING - CUP for a Recycling/Waste Sorting & Transfer Facility, Exterior Storage & Multiple Principle Structures on One Lot.
Policy/Action Requested:
Offer a motion to approve Resolution No. PC2018-002, a Conditional Use Permit to allow a recycling/waste sorting & transfer facility, exterior storage, and multiple principle structures on one lot, as prepared, and move its approval.
Recommendation:
After evaluating the request against the stated criteria for a Conditional Use, staff recommends that the Board approve this request as the criteria for granting a CUP, with the conditions noted, will be met.
Discussion:
Site Information
Applicant: Phillips Architects & Contractors, Ltd.
Property Owner: Lloyds Properties, LLC
Location: 6450 County State Aid Highway 101
Current Zoning: Heavy Industry (I-2) Zone
Lot Size: 8.6 Acres

Introduction

Phillips Architects & Contractors, Ltd., applicant and Lloyds Properties, LLC, property owner, made application for a Conditional Use Permit to allow a recycling/waste sorting and transfer facility (listed conditional use in the I-2 Zone), exterior storage for materials & a crushing operation, and multiple principle structures on a single lot. The subject property is located east of Gresser Construction and west of Flint Hills Resources (formally RTS) on the south side of County State Aid Highway 101.

The applicant has provided a descriptive narrative, site plan, floor plan and elevations for this proposal. The nature of the operation is a concrete and asphalt recycling/waste sorting facility, which will also include crushing of product.

The property owner intends to initially construct a transfer/sorting building, with a 2nd larger building to be installed in the future.

Planning staff has received memorandums from SPUC & City Engineering, which are attached to this report. Staff has incorporated those comments into the draft Resolution. Planning staff included conditions that references compliance with the City Code requirements for landscaping, odor, noise, and smoke, in addition to design and performance standard requirements. Staff specifically addressed protecting the existing trees along the frontage road, screening requirements for the exterior sorting and crushing, and a requirement for paving of the site access driveways, areas immediately surrounding the buildings, areas where equipment and vehicles are driven and areas that will be used for storage and/or sorting and transfer of waste.

Additionally, the applicant and property owner have submitted a Final Plat. This plat application is scheduled to be reviewed by the City Council on March 6, 2018, with approval and recording to occur prior to recording the CUP resolution, should this request be approved.

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 over height building and tanks 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 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 Heavy Industry (I-2) 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. PC2018-002
Applicant Narrative
Site Aerial
Site Plan
Construction Plans
North & South Elevations
East & West Elevations
Floor Plan
Color Perspectives
Engineering Memo
SPU Memo